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You are here: More Topics > Landlord/Tenant > Eviction Questions & Answers: A Guide for Tenants > Do I have the right to a jury trial?
Yes. Both the landlord and the tenant have a right to a jury trial. The side that wants the jury trial will have to give the court $150 for jury fees. If you don't have enough money, ask the clerk about a fee waiver. Click here to learn about fee waivers.
If the landlord wants a jury trial, s/he must check the box on the Request to Set Case for Trial. If the tenant wants to have a jury trial and the landlord didn't ask for one, the tenant has to file and serve the landlord with a Counter-Request. (form UD-150) or file a Demand for a Jury Trial.
The procedures in your courthouse may be different when there is a jury trial, so make sure you know what the next step is. In some counties, there is mandatory settlement meeting before a jury trial. Also, with a jury trial, you may need other forms like jury instructions, and jury questions. Ask legal aid, self help center, or your local law library for samples of these documents. Click here to find legal help.
The landlord and tenant should talk to a lawyer about whether they should ask for a jury trial.
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Last modified: 03/17/2008
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