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  1. #1
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    Sep 2005
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    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    If you had the right to an attorney, then it would not be a situation in which the judge could simply deny you a jury -- you would have had to have waived that right. If you waive the right to a jury after paying the fee, you don't get the fee returned.

    If you did not have the right to a jury but paid a fee, it would be necessary to review the nature of the case, the state and local court rules, and perhaps also case law to determine if the fee you paid entitled you to a jury trial, or if (for example) it was more in the manner of a motion fee.

    Absent your waiving the jury, this is an unusual scenario.

  2. #2
    Join Date
    May 2011
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    104

    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    This was a civil suit. The judge denied the jury trial after the attorney for the other side opposed the jury trial or made a motion against having a jury decide the case. Judge agreed and said he'd decide the case. The amount was not a small amount of money. We wanted the jury other side didn't want a jury.

  3. #3
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    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    It went without saying that it was a civil suit, and we know that suits occur in court before judges. That doesn't tell us what type of case it was, or what court heard the case. There are a wide range of types of civil suit, and several varieties of trial court. Also, for local court rules, you need to look at the rules relating to the specific court in which the case is heard.

  4. #4
    Join Date
    May 2011
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    104

    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    Ok, I guess it's unusual, but depends on the case, It was a bench trial heard by the judge only. It was circuit Court.

  5. #5
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    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    If you become willing to share the information necessary to help clarify the situation, we can discuss it further. If you continue to prefer to keep it to yourself, all I can do is suggest that you consult a local lawyer with the details.

  6. #6
    Join Date
    May 2011
    Posts
    104

    Default Re: Can You Get a Jury Fee Refunded if Your Case is Decided by a Bench Trial

    Our lawyer is going to petition for the refund tomorrow since we lost the court case he wasn't in a rush. (the other side will just want it as part of the cost of court suit which they were awarded in the judgment)).

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