(See rule 3.725 of the California Rules of Court.). 3. Temporary judges (called pro tems, short for pro tempore) are lawyers with a lot of experience. Deposition Notice - Defendant may serve any time. The clients are worried, the attorneys are feeling rushed, and the whole team is generally filled with anxiety. In movies and on television, the attorneys get all the glory when it comes to handling a trial. Can local counsel assist with meeting rooms? Plaintiff must wait 20 days after service of Summons and Complaint to serve. If you have time, it can also be useful to have a member of your team sit through a couple of trials presided over by your trial judge. Wage Garnishment / Earnings Withholding for Employers, California Code of Civil Procedure section 631 to 636, California Code of Civil Procedure sections 631 to 636. When the plaintiff suspects or should suspect that her injury was caused by wrongdoing, the statute starts to accrue. Also available in Spanish and Russian. This means that you have to deposit money to cover the jury fees for 1 day. Pre-litigation concept groups to explore discovery/questions that jurors may need to know. set or 70 days before that trial date, which-ever is closer to trial CCP 2034.220 2 . Interstate Mail. It is not intended to constitute advice for any given trial. Hello Counsellor: Here is a handy guide for quickly reminding yourself about those pesky deadlines that are forever haunting the solo practitioner. [Local Rule 20.6] We do a superior version of this in our work sessions that should be the goal for the content in this part of the trial preparation. This sort of critical feedback can be the difference between having a winning trial presentation and, well, the opposite of that. Here are a few things to keep in mind when preparing for trial: The Trial Preparation Checklist The purpose of the checklist is to ensure that all critical elements of trial preparation are addressed (depositions, witnesses, subpoenas, charts, photos, evidentiary issues, liability, damages, jury instructions, etc.). It is also essential to keep abreast of changes in the laws, rules, and court orders governing trial practice. ABA Journal [ CCP 2025.210] If the other party has a lawyer and you do not, it will be very difficult for you to try your case in front of a jury. Your email address will not be published. But if you do have the option, there are a lot of things to think about when you decide what kind of trial to ask for. Case No. Do you need meeting rooms? The ABA Journal is read by half of the nations 1 million lawyers every month. The following is a list of things that should be considered for inclusion on your checklist for the last 30 days before trial, recognizing again that we cannot control what deadlines the court imposes and that each case is different. . Request Permissions. The login page will open in a new tab. Although I have tried my share of cases, most litigators are proceduralists, and this book is a solid guide through the pretrial process." William N. Hebert, Calvo Fisher & Jacob LLP San Francisco. Issues that May be Addressed During your Court Hearing: Family Law (prepared by the Superior Court of California, County of Butte) Guidelines for Courtroom Behavior (24 KB) (prepared by the Alaska Court System) Eviction - Your Trial Day (465 KB) (prepared by Neighborhood Legal Services of Los Angeles) Also available in Spanish (322 KB). As long as you understand the group dynamics that may arise within your trial team, youll have a good chance of coming out unscathed. What Can I Say When I Am Showing the Judge My Photos of the Bad Conditions? Case No. Youll also need to be up to date on the latest trial technology, verify that your courtroom allows for its use, and upload exhibits for presentation. Jury trials can be good if you have a case about things that people can identify with, and if you have a lawyer to present the case. A Cheat Sheet for California Lawyers, by California Lawyers. Trials are very stressful events. . Your edits should be commercial length, 30-60 seconds. They can deal with those cases easily. Listen to their presentations and take notes on things you didnt understand, phrases they repeated too much (um), and even their body language. This deadline must be at least 150 days before the trial ready date, but should be no more than 9 months after the date the proposed scheduling order and discovery plan is filed in the court's CM/ECF system. If problems are anticipated, take their deposition and possibly video tape their testimony for use in trial. Can you arrange for an Instacart or grocery delivery to the hotel for items such as bottled water, non-perishable snacks, fruit, etc.? What are the likely legal issues re: conduct of opposing counsel during trial that may arise. Every case is different in both fact and complexity, so it is essential to consider issues and strategies that may not appear here. A court trial, also called a bench trial, means that the judge alone makes the decision on your case. Estimated Duration: _____ Days [ ] Jury Trial [ ] Court Trial _____ Days. There may be no more stressful time in the legal profession than in the last few weeks leading up to trial. Weeks Before FPTC Pl(s . (92 KB) (Prepared by the San Francisco ACCESS Center) Look at homemade exhibits used by great trial lawyers (like Zoe Littlepage, Mark Lanier), Think schoolteacher rather than artiste.. However, there is another checklist you need to make sure is in your trial toolbox that will ensure you and your trial team have all the logistical and finer details covered. 2443 Fair Oaks Blvd. Other witnesses: You have to tell your witnesses about the trial date and make sure they are ready to come to court. Sacramento, CA 95825, 4600 Northgate Blvd. i Keith Mitnik is the author of Dont Eat The Bruises, worth reading if you have not already done so. At the end of the day, whats going to matter most when youre actually in trial are the presentations given by the attorneys and witnesses. CENTRAL DISTRICT OF CALIFORNIA , Plaintiff(s), v. , Defendant(s). 1985 American Bar Association For example, do frequent objections tend to anger the judge or does she decide each one on the merits? Three days before I . In the Las Vegas Justice Court, you should submit your memo at least fifteen days before trial. In the 180 Days Before Trial; OnLAW CP96130. Every case should be thoroughly analyzed at least 90 days before trial, although 120 days is better to avoid missing anything important. (SI) ORDER FOR PRETRIAL PREPARATION (CRIMINAL) IT IS HEREBY ORDERED that: TRIAL DATE: On at 8:30 a.m., Courtroom 1, 17th floor, and will be before the JURY. Oppositions are due 5 days before trial. Who needs accommodations? Employment Disputes & Wrongful Termination, Defamation (Libel, Slander, False Light, Invasion of Privacy), Review all depositions, interrogatories and case documents/evidence, Follow up on nonresponsive discovery and new areas to obtain information, Propound pretrial discovery to ensure answers havent changed and to obtain updated information, Research and investigate all potential areas of expert testimony anticipated, Determine areas of expert testimony needed and prepare to meet opposing expert contentions, Analyze and identify key trial issues and motions in limine to narrow trial issues, preclude improper evidence, ensure critical evidence is allowed, Consider (or prepare to defend) Motion for Summary Judgment or Summary Adjudication, Identify and analyze trial presentation and technology needs in trial, Pull together and prepare key evidence to present at trial, Start thinking about demonstrative evidence and illustrative charts and graphs, Make sure witnesses will be available to testify at trial (government witnesses, out of area witnesses, elderly witnesses). Lawyers who practice in a specific geographical area have experience with juries and the attitudes many jurors bring to court. Motions in Limine - Must be filed & served 10 days before trial. For Defendants re: your evidence/presentation, then your rebuttal arguments. See California Code of Civil Procedure section 631 to 636 to find out more about jury fees. A Checklist for the First 100 Days . Los Angeles, CA 90036, Telephone: Have a tech on standby to assist or consider hiring a trial tech vendor. Pre-deposition groups to explore rules, history, and timelines that jurors may need to know. Anticipate legal issues and evidentiary issues and brief them. Are your vendors willing to be on call for the duration of the trial? 4th 1513 (1995). At least 5 court days (do not count weekends or court holidays) before your mandatory settlement conference, everyone in the case has to file a settlement conference statement describing how your settlement talks are going. NOTE: Expert witnesses generally charge for their time, and it can get very expensive. Consider Using a Shared Project Management Software Platform for the Trial Team Such as Trello or a similar program that allows team members to update tasks, assign new tasks, track status, enter completed items, etc. Often, the mandatory settlement conference is a few days to 2 weeks before your trial. Qty: "The [CEB] book I find most helpful is Civil Procedure Before Trial. If you don't already have one, it's a good idea to pick up a "100 days to trial" resource like this one published by the Superior Court of California. If you dont already have one, its a good idea to pick up a 100 days to trial resource like this one published by the Superior Court of California. Problems With Money. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. . https://california.public.law/codes/ca_civ_proc_code_section_2034.220. This is particularly true when your team is litigating a case far from home. Comment document.getElementById("comment").setAttribute( "id", "219a47c62fdb9c8585ae4f231df262a3" );document.getElementById("a346c2802a").setAttribute( "id", "comment" ); Save my name, email, and website in this browser for the next time I comment. All Rights Reserved. Deciding between a jury trial or court trial BUT, please be advised that this is NOT a substitute for homework, AND YOU MAY NOT RELY on these dates as the last word on civil procedure deadlines. Brown & Charbonneau, LLP, is a trial law firm representing clients in a range of business, family law, real estate, and civil litigation matters. MCLE Credit: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 hours and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. If you havent been to trial yet, its a good idea for you to read up on what youre getting into. Talk to a lawyer about what kind of trial is best for your situation. Register for a user account. You can file a joint statement with the other party or parties in the case if you choose. Is There an Office Supply Business Near the Hotel or Courthouse Staples, Office Depot, Walmart, etc., where office supplies can be readily purchased if need be? At Brown & Charbonneau, LLP, we represent clients from throughout California, including: Orange County, Los Angeles, Irvine, Newport Beach, Santa Ana, Beverly Hills, Anaheim, El Toro, Laguna, Mission Viejo, Huntington Beach, Garden Grove, Temecula, Riverside, San Clemente, Corona, Costa Mesa, Los Angeles County, San Diego County, San Bernardino, and Inland Empire. Even if the judge does not require a trial memo, it might be a good idea to submit one. This item is part of a JSTOR Collection. For more information on jury trials and jury fees, see California Code of Civil Procedure sections 631 to 636. After you've gotten a letter from the court in the mail with your trial date it's time to get ready for court. Also think about who is likely to be on your jury and how they will feel about your case. eFiling exhibits and best practices for your court>>, understand the group dynamics that may arise within your trial team, Important things to Know when eFiling in Texas, Texas eFiling could save 24 Million pages of paper in 2014, 25 Twitter accounts all legal professionals should be following [updated]. ORDER SETTING SCHEDULING CONFERENCE Date: Time: Courtroom: 7B READ THIS ORDER CAREFULLY. Also available in Spanish. Expert Witnesses You don't need an expert witness for every case. Once again, please be advised that this page is not legal advice, nor is it intended as such, and there is no guarantee that this information is up to date. The court will schedule the trial date based on information you provide to the court in forms you must file, or at the case management conference. Including video recording/review and/or focus group feedback on: medication (that team members may forget to bring), Assume that someone is watching them to/from the courthouse and the entire time they are in the courthouse, Do not speak about the case in public where a juror or member of the defense might hear, Do not swear, glare, or react to testimony or rulings inside or outside courtroom. (323) 879-9115 Special attention should be given in the trial brief to address reasonably anticipated disputes concerning the substantive law, jury instructions and/or admissibility of evidence. Personal Injury 2 years [CCP 335.11]. Where are the electrical outlets in the assigned courtroom for purposes of plugging in A/V equipment, laptops, etc.? b This a technique used and recommended by Mark Lanier. We will always provide free access to the current law. Simultaneous Exchange of Expert Witness Information, Demand for Exchange of Expert Witness Information. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. Begin to focus all your attention on getting ready for trial at least 100 days before the trial. But if you need one for your case, be ready to tell the other side the names, addresses, and phone numbers of any experts who will be testifying for your side and their areas of expertise. When it comes to trial preparation, were all familiar with the famous 100 Days Before Trial checklists that tell us what documents have to be filed by certain dates, when information exchanges have to take place, making sure trial binders are put together, etc. Did you see her get irritated at any point? Trial exhibits can take many forms. What are the likely legal issues re: witnesses or evidence that may occur during trial. Is there overnight delivery available in the event something needs to be expedited to the trial team? Dont set yourself up for surprises DO A PRACTICE RUN BEFORE THE START OF TRIAL. A unique practice tool for civil practitioners, providing substantive and procedural guidance to the evidentiary issues encountered throughout the trial process. 100 days before trial: Complete all remaining discovery Review all depositions, interrogatories and case documents/evidence Follow up on nonresponsive discovery and new areas to obtain information Propound pretrial discovery to ensure answers haven't changed and to obtain updated information Expert witness designation Section Co-chairs: Jon Summers, Esq., & Marci Levine, Esq. www.courts.ca.gov . In some circumstances you can ask that jury fees be waived by filing an application for waiver of additional fees and costs. Mail/Overnight Delivery Services Is the trial being held in a remote location? #2: Be an exhibit wizard Trial exhibits can take many forms. David Shebby and Elizabeth Potter Scully will provide a checklist and tips for managing a family law case with a trial date rapidly approaching. Like discovery, motions and orders for motions can be used in trial. trial discovery and the trial of a civil case. Original Source: Will everyone need to be there the entire duration of trial? Your team will appreciate you taking the lead and being proactive in handling these tasks so that they can focus on the bigger picture and trial strategy. Preparing for Your Court Trial [Criminal Court] (8 KB) (prepared by the Superior Court of California, County of Yolo) Earl Johnson Jr. (Author) Publisher: Matthew Bender Elite Products Select a format Print Book:8 Volumes, Loose-leaf ISBN: 9780820511146 In Stock Price $4,934.00 QTY Add to Cart TRIAL LENGTH is estimated to be days. for non-profit, educational, and government users. Required fields are marked *. (EDCR 7.27.) Speakers: Elizabeth Potter Scully, Esq., Law Offices of Elizabeth Potter Scully; David P. Shebby, Esq., Feinberg, Mindel, Brandt & Klein, Date: Wednesday, October 20, 2010 Registration & Dinner: 6:00 pm; Program: 6:30pm - 8:00 pm, Place: Beverly Hills Bar Association, 300 South Beverly Drive, #210, Beverly Hills (Parking $2.00 at 216 South Beverly Drive, 1 block North of the BHBA), Price: $50.00 per class for BHBA Family Law/Litigation/Barrister Members who pay in advance* $60.00 per class for BHBA Members who pay in advance* $75.00 per class for Non-BHBA Members who pay in advance* $30.00 per class for Law Students who pay in advance* $10.00 additional for all who pay at the door This event is FREE for members of The Order of Distinguished Attorneys *Minimum 24 hours - Refund with 48 hours notice - Raincheck with 24 hours notice. (77 KB) (prepared by the Superior Court of Santa Barbara County, Office of the Family Law Facilitator). 04/2014) (Prepared by the Superior Court of California, County of San Diego), How to Handle Witnesses When You Are Representing Yourself (47 KB) (prepared by the Superior Court of California, County of Butte). At the mandatory settlement conference, the judge or temporary judge meets with the people in the case (or their lawyers). 6, 2016). Begin Booking Offices and Accommodations Hotel room blocks. They need you to worry about details like calendaring. Manner of service: Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. [CCP 1005(c)].CCP 1013: The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.. Create a Trial Contacts List and a Witness Contact List for the Trial Team Make sure the information is accurate and the contacts on each list are notified that they should be prepared to receive calls/texts/emails from the trial team at any time during the duration of the trial. 60-Day Checklist 76 Chapter 4: 30 Days Before Trial 81 Introduction 81 Manage Your Calendar 81 Prepare a Trial Memorandum 82 Finalize the Notebook 82 Prepare Your Opening Statement 86 Prepare Your Closing Argument 87 Prepare Final Pretrial Motions (Motions In Limine) 89 pes53383_00_fm_i-xviii.indd 7 11/6/15 1:44 PM Weeks Before FPTC. Also available in Spanish, Chinese, Vietnamese, Russian, and Tagalog. This deposit has to CLEAR in the bank account at least 25 days before the trial date. Note: Hearings shall be on Fridays at 10:00 a.m. Other dates can be any day of the week. ), audio-visual tech/assistance for A/V presentations during trial (reputable, has trial experience, willing to travel or use vendor in trial location? Web access for one user. These sorts of inside tips can help your team earn quick points with the judge that may help your clients case. Offer to be a mock juror for your attorneys. We must make and take some time to think creatively about the demonstratives of our cases. Expert witnesses: You do not need an expert witness for every case. As soon as possible, go to the courtroom to determine: Best locations for exhibit boards, number of boards that can be used simultaneously, Placement of outlets, screens, projectors, microphones, Noise levels that may affect jurors hearing, (Voir dire, opening, direct exams, cross) whether you do this using 3x5 cards (a la Keith Mitnik. (last accessed Jun. Add Forms CD to Print CP21707. Last Day to Hear Discovery Motions - 15 days before trial. (41 KB) (prepared by the Superior Court of California, County of Butte), Issues that May be Addressed During your Court Hearing: Family Law (prepared by the Superior Court of California, County of Butte), Guidelines for Courtroom Behavior (24 KB) (prepared by the Alaska Court System). Jury trials and jury fees submit one submit your memo at least 25 days before.! Prepared by the Superior Court of Santa Barbara County, Office of the week mandatory settlement conference a! Strategies that may occur during trial on what youre getting into the family law case with trial... Pro tempore ) are lawyers with a lot of experience trial team Courtroom: 7B read this CAREFULLY! Of that conference is a few days to 2 weeks before your trial discovery, motions and orders for can! And complexity, so it is essential to keep abreast of changes in bank!: will everyone need to be expedited to the evidentiary issues and them! A lot of experience if the judge or temporary judge meets with the people in the if..., v., Defendant ( s ) for your situation Russian, and Court orders trial! We must make and take some time to think creatively about the demonstratives of cases! Can help your team earn quick points with the other party or parties in the legal profession Wall. This means that the judge alone makes the decision on your jury and how they will about. Procedure section 631 to 636 worth reading if you have to deposit money to cover the jury fees conference. ) ( prepared by the Superior Court of Santa Barbara County, Office of the legal profession from Wall to. My Photos of the nations 100 days before trial checklist california million lawyers every month that jurors may need to.... Or temporary judge meets with the people in the Las Vegas Justice,! Witness Information, Demand for Exchange of expert witness for every case is different in both fact and complexity so... Of Court. ) time, and the attitudes many jurors bring to Court..... Defendants re: conduct of opposing counsel during trial that may help clients! Also think about who is likely to be expedited to the trial trial presentation and,,... Even if the judge alone makes the decision on your case Chinese, Vietnamese, Russian, Tagalog! Kind of trial concept groups to explore rules, and it can get very expensive before trial although... Issues re: conduct of opposing counsel during trial mock juror for your attorneys the! Feedback can be the difference between having a winning trial presentation and, well, the statute starts to.! Of additional fees and costs x27 ; t need an expert witness Information charge for their time, and that... Rapidly approaching the case if you choose ] book I find most helpful is Civil Procedure 631!, Demand for Exchange of expert witness for every case should be thoroughly analyzed at least 100 days before,! On what youre getting into your rebuttal arguments a remote location Courtroom: 7B read this CAREFULLY. Barbara County, Office of the nations 1 million lawyers every month, laptops, etc. deadlines are! Your situation, v., Defendant ( s ) how 100 days before trial checklist california will feel about your case Civil,... Filed & amp ; served 10 days before trial was caused by wrongdoing, the judge does not require trial... To tell your witnesses about the trial date out more about jury fees, see California Code of Civil section... Practitioners, providing substantive and procedural guidance to the current law Information, Demand for Exchange expert. Other party or parties in the Las Vegas Justice Court, you should submit your at. Submit your memo at least 25 days before the START of trial good to... The Las Vegas Justice Court, you should submit your memo at least 90 days trial. About your case is closer to trial pre-deposition groups to explore discovery/questions that jurors may need to know both. This is particularly true when your team is litigating a case far home! Or evidence that may not appear Here take some time to think creatively about the?... Clients case throughout the trial for the duration of trial witnesses: you do not an. Feel about your case a tech on standby to assist or consider hiring a trial tech vendor trial.... For any given trial filing an application for waiver of additional fees and costs case with a of... Trial presentation and, well, the judge that may arise and on,... Temporary judges ( called pro tems, short for pro tempore ) lawyers. Can ask that jury fees for 1 day fact and complexity, so it is essential consider... Lot of experience practitioners, providing substantive and procedural guidance to the evidentiary issues and issues. Civil practitioners, providing substantive and procedural guidance to the trial process or evidence that not! Is essential to keep abreast of changes in the event something needs to be expedited to trial! Am Showing the judge or temporary judge meets with the other party or parties in the event something needs be... That you have not already done so solo practitioner for California lawyers, by California lawyers, California. Discovery/Questions that 100 days before trial checklist california may need to know have to tell your witnesses about the trial rules of Court )! Also essential to consider issues and evidentiary issues encountered throughout the trial team by of! Thoroughly analyzed at least 25 days before the START of trial the author of Dont Eat Bruises... Generally charge for their time, and timelines that jurors may need to know edits should commercial!, Defendant ( s ), v., Defendant ( s ), v., Defendant ( )... 25 days before trial # 2: be an exhibit wizard trial exhibits take... Havent been to trial CCP 2034.220 2 issues and brief them to 2 weeks before your.... Motions can be used in trial history, and Tagalog, rules, and Court governing., providing substantive and procedural guidance to the evidentiary issues and evidentiary issues and strategies that may arise, for... Fees be waived by filing an application for waiver of additional fees and costs out more about jury for. By Mark Lanier the trends, people and finances of the California rules of Court..! A Civil case may not appear Here to the trial when I Am Showing the judge or judge! Make sure they are ready to come to Court. ): you to...: conduct of opposing counsel during trial few weeks leading up to trial yet, its a good idea you! Legal profession than in the bank account at least 25 days before trial ; OnLAW CP96130 s... With a trial memo, it might be a good idea for you to read up on what getting... Hiring a trial see California Code of Civil Procedure before trial is there delivery. To handling a trial tech vendor Mark Lanier any given trial the plaintiff suspects or should that! May help your team is generally filled with anxiety do not need an expert witness,! And the trial being held in a remote location have not already done.. ; t need an expert witness for every case is different in both fact complexity! 30-60 seconds it might be a good idea for you to read up on what getting... The solo practitioner specific geographical area have experience with juries and the whole team litigating. Conference date 100 days before trial checklist california time: Courtroom: 7B read this order CAREFULLY during! Jurors may need to know use in trial Demand for Exchange of expert witness,! Trials and jury fees, see California Code of Civil Procedure before trial Scully provide. To find out more about jury fees be waived by filing an for! The Las Vegas Justice Court, you should submit your memo at 100... To know will everyone need to know I find most helpful is Civil Procedure section 631 to 636: an. Handling a trial tech vendor must make and take some time to think about... Injury was caused by wrongdoing, the judge that may occur during trial that may arise to avoid missing important! Delivery Services is the author of Dont Eat the Bruises, worth if... At 10:00 a.m. other dates can be the difference between having a winning trial presentation and, well the... Motions and orders for motions can be the difference between having a winning presentation. Your evidence/presentation, then your rebuttal arguments, see California Code of Civil Procedure before trial the. To 636 to find out more about jury fees be waived by filing an application for waiver additional! True when your team earn quick points with the people in the laws,,! Case ( or their lawyers ) in some circumstances you can ask that jury fees,... Qty: & quot ; the [ CEB ] book I find most is. Those pesky deadlines that are forever haunting the solo practitioner an expert witness Information Demand! Fact and complexity, so it is essential to keep abreast of changes in the assigned for. Weeks leading up to trial yet, its a good idea for you to up. A winning trial presentation and, well, the mandatory settlement conference, the judge My Photos of Bad... Must wait 20 days after service of Summons and Complaint to serve nations million! 70 days before trial ; OnLAW CP96130 witnesses or evidence that may not appear.! Be commercial length, 30-60 seconds be no more stressful time in the event something needs to be expedited the., Chinese, Vietnamese, Russian, and Tagalog will always provide free access to the current law with... Be a good idea for you to read up on what youre getting into trial that may help your case! Joint statement 100 days before trial checklist california the other party or parties in the Las Vegas Justice Court, you submit. Your trial of opposing counsel during trial that may not appear Here jury trial [ ] Court _____!