There is a constitutional right to a jury trial in many cases. Not every case entitles you to a jury trial.

In criminal cases, there is a right to a jury trial in any case where the maximum sentence is more than 90 days in jail. So, if you are charged in the District Court for a DUI which carries up to a year in jail, you can pray a jury trial and the case will be sent over to the Circuit Court where it will be tried before 12 men and women from the motor-voter rolls of the county and the verdict must be unanimous.

A criminal defendant may wish to elect a jury trial where the District Court judge is known to be harsh or where the State is taking an unreasonable position. A defendant may also want time to retain counsel and if the judge denied a postponement request, a jury trial prayer will result in a postponement since the case will be sent to Circuit Court.

In civil cases, the right to a jury trial exists in any case where the amount controversy exceeds $25,000.00. Either party can request a jury trial in a civil case and the case will be tried in front of six men and women from the motor-voter rolls of the county. Once again, the verdict must be unanimous.

If a party wants a quick resolution of a smaller case, they may choose to sue for $25,000.00 or less in the District Court since it is below the threshold. If a party wants more discovery and tools to gather evidence, they may sue in the Circuit Court and request a trial by jury.

The right to a trial by jury is an important Constitutional right that should be exercised in the right circumstances. You should consult with an attorney to decide the best way to proceed.