QUESTION

what is needed for a defendant to waive a jury in civil case in dockland country new york usa?

Asked on Sep 15th, 2017 on Civil Litigation - New York
More details to this question:
what is needed for a defendant to waive a jury in civil case in Rockland country new york usa? can my attorney do it?do all attorneys have 2 agree? Canteen judge do it? Must the judge agree with my attorney?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming the case is in in the Supreme Court of Rockland County, and not some other court which may have different rules, a party, usually the plaintiff, files, through his or her attorney (unless htey are acting pro se) a document known as a "Note of Issue" when the case is ready to be placed on the trial calendar.  At that time, the party filing the Note of Issue notes whether he/she/it wants a jury trial or not.  If the party does not indicate that a jury is desired, the other party (generally the defendant) can then request one.  IF they don't, they waive their right to a jury trial,  Thus, assuming that it is the type of case where there can be a jury (some equitable claims must be decided by judges, not juries), the case will be tried before a jury if either side (by their attorneys) timely requests one. 
Answered on Sep 18th, 2017 at 11:04 AM

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