Washington Law Review


A perennial problem confronting the attorney preparing for trial is whether his client has a right to a jury. In many, probably most, instances a trial to the court will be desired by all parties concerned. This may be because of the fear of prejudice on the part of a jury, or the desire for a more speedy trial before the judge, or the object of cutting expenses, or any of the other innumerable factors to be weighed in determining whether judge or jury is best for one's particular case. In other instances the sole question at issue will be one of law so that regardless of the wishes of the parties, the only determination to be made will be that by the judge. Assuming, however, that there are issues of fact and that the attorney would prefer that such issues be decided by a jury, the question is posed: Does my client have a right to a trial by jury?

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