What's the difference between a bench trial and jury trial?

In this video we'd like to elaborate on what bench trial is versus a jury trial.

A bench trial is where you try your case in front of a judge.

A jury trial is where you try your case in front of the judge and a jury.

The jury's job is to decide the facts.

The judge always decides the law.

A good example of this is in a car wreck case.

Let's say both parties claim that they had a green light when the wreck happened.

Unless there was a malfunction with the lights, somebody isn't telling the truth.

The jury decides what the facts are.

If a car wreck case is a bench trial, the judge will decide the facts and the law.

In the context of a credit reporting case, the judge decides the facts and the law in a bench trial.

Let's talk about the pros and cons of bench and jury trials.

As of the recording of this video, we have not had jury trials since March.

With COVID-19, the courts aren't going to ask people to sit in a crowded courtroom for days or weeks for jury trials.

Bench trials are still happening, however. Those can be held in the courthouse, or even over Zoom/virtually.

The bench trials are easier to schedule, and the judge doesn't have to explain what the burden of proof is, how evidence works, etc.

The downside is that you don't have a jury.

In credit reporting trials, we want a federal jury of 6 (or a state jury of 12), usually.

There are times when a bench trial would be better for our clients, however.

Generally speaking, it will be a bench trial in credit reporting cases unless one party requests a jury trial.

Thanks for watching!

John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447

"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

[MissionaryInMexico]

Mine is a bench trial. The judge is flipping on it; sometimes going toward the plaintiff, sometimes toward the defendant, and I can't figure out why except to keep it in court (6 appearances so far!) but... Once things go back to normal after Covid19, it will finish out.
My attorney... $2, 400 and he has not impressed me. I have no confidence in him because he keeps trying to settle or some stupid shit like that, to get out from under it.
The plaintiff attorneys filed a motion to disallow jury trial about 6 months ago and my attorney did nothing about it and won't answer me about it.
My attorney also won't answer me *at all* about that I have given him repeated permission to go get my credit report, which, I know for a fact the plaintiff has slandered me, but the lazy lawyer ignores me and he WILL NOT GO GET MY CREDIT REPORT. EVEN THOUGH WE GET A FREE CREDIT REPORT PER WEEK UNDER new COVID19 rules. I'm getting very pissed am about to fire his lazy ass. If he screws me, I will be suing him.