Clinton Township, MI asked in Real Estate Law for Michigan

Q: In MI, can a judge deny me a jury trial in a civil case? Filed a jury demand and he said it's going to be a bench trial

Being sued in civil court over a land easement issue. Land Division Act 288 issue, my easement was being blocked. Plaintiff's attorney claimed our 50 foot wide easement was for walking only . Land Division Act 288 says all parcels of land must have vehicular access. Anyway, The judge kept talking about what a great guy the Plaintiff's attorney was. So I filed a jury demand months before the trial and the judge just said "no you're getting a bench trial" ....is that legal? Please cite law if you know it. I found the following: Sec. "14.

The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree."

Looks like I am entitled to a jury trial.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You must demand a jury within 28 days of filing your answer (MCR 2.508). I don't know where "months before trial" puts your demand relative to that deadline. If your request came after those 28 days, then you waived your right to a jury trial and will have a bench trial.

Kenneth V Zichi agrees with this answer

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