trials

Requesting a jury trial can be advantageous strategically for you and your attorney. Oftentimes, settlement negotiations are at a standstill over small details or a party is being irrational. A jury trial request may be the splash of cold water they need to push them into settlement. If the judge has demonstrated bias against your client or for the other side, a jury may give you a fresh look at the facts and a more favorable outcome.

Money is almost always a consideration for all parties involved in a family law case. Jury trials are far more expensive and last longer than a trial before the court.  If one side is more financially sound than the other, requesting a jury trial can move the opposing side towards settlement.  A request for a jury trial may persuade an irrational party to settle so that their dirty laundry it not publicly aired in front of a jury.

Jury trials are only available in limited circumstances in family law. Jury findings regarding property characterization as community or separate, as well as the  value of certain assets are binding on the court. However, the jury cannot decide how the assets and debts of the parties will be divided. That is left for the judge.

A party is entitled to a jury verdict on the issues of who should be appointed a managing conservator or a possessory conservator. The jury can also decide if there will be a geographical restriction of the primary residence. However, a jury cannot decide what periods of possession a party will have with the children or what rights and duties that conservator will have to make child-rearing decisions.

Be aware of the court’s docket. Each court maintains a unique docket, meaning that each judge may reserve only one week a month or two weeks a month for jury trials.  Requesting a jury trial may allow you more time to prepare for a trial, depending on that court’s docket, but you will also have far more moving parts and increased costs trying a jury trial as compared to a trial before the court.