Panorama City, CA asked in Family Law and Civil Rights for Texas

Q: If the Plaintiff requested a jury by trial can the defendant request no jury?

My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million dollars over a situation over a disorderly conduct situation.

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2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Jury trial is ub person and only one person has to ask for it

Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.

Your friend could file a motion to appear via video conference, but if the court denies that motion, they would have to appear in person.

It would not be a good idea for your friend not to appear at the trial at all because a default judgment could be entered against them. That means, the Plaintiff could get exactly what they are asking for.

I hope this information is helpful.

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