Santa Clara, CA asked in Constitutional Law for California

Q: DOES ONE HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL IN CIVIL CASES IN CALIFORNIA

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1 Lawyer Answer

Attorney Timothy Alan Provis

Answered
  • Criminal Law Lawyer
  • Port Washington, WI
  • Licensed in California

A: Yes. See:

"CALIFORNIA CONSTITUTION

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 16. Trial by jury is an inviolate right and shall be secured

to all, but in a civil cause three-fourths of the jury may render a

verdict. A jury may be waived in a criminal cause by the consent of

both parties expressed in open court by the defendant and the

defendant's counsel. In a civil cause a jury may be waived by the

consent of the parties expressed as prescribed by statute.

In civil causes the jury shall consist of 12 persons or a lesser

number agreed on by the parties in open court. In civil causes other

than causes within the appellate jurisdiction of the court of appeal

the Legislature may provide that the jury shall consist of eight

persons or a lesser number agreed on by the parties in open court."

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