Monday, 30 June 2014

Assuming a civil court action, I understand that it can be tried "in equity" or "in law",in Minnesota if it is "in law" then the constitutio...

Question

Assuming a civil court action, I understand that it can be tried "in equity" or "in law",

in Minnesota if it is "in law" then the constitution assures a trial by jury.

But in this case no option of trial by jury has been given or allowed,

so the case must be going forward "in equity"

I am guessing.

What does a person have to do to get the case back "in law" ?

so they can get a trial by jury ?

please help



Answer

I hate to say this, but you need the assistance of any attorney. There may be a statute that mandates a court trial, there could be a waiver of the jury trial, the court could be waiting for the jury fee, or any number of other reasons why there is no jury. You really need a competent advocate here who knows how to try a case.



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