QUESTION

Can the plaintiff demand a jury trial in civil case

Asked on Feb 01st, 2020 on Civil Litigation - North Carolina
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Rather not leave decision in the hands of one person
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The rules may be different in North Carolina, but in general either side may demand a jury on all legal claims, but not on equitable claims.  As a general rule legal claims are those in which monetary redress is sought, i.e. he breached our contract by not paying me $500, I want to recover $500.   Equitable claims are those in which some other remedy is sought, i.e he reneged on our contract to sell me his car for $500, I want the Court to compel him to abide by the contract and sell me the car for $500.  The rules are generally different for small claims cases, however, where there may not be any jury trials.
Answered on Feb 03rd, 2020 at 1:29 PM

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