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  #1  
Old 08-11-2009, 08:01 AM
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Location: Plano [Dallas], Tx
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letter to the court


What is the name of your state (only U.S. law)? Texas

My former attny requested a jury trial. Now that I'm Pro Se, I prefer to not have a jury and to speak with the judge directly.

Where can I find a sample letter to the court for a request like this?
  #2  
Old 08-11-2009, 09:47 AM
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Courts don't generally like you writing them "letters". Some questions come up like this all the time on this list. There are some websites out there which are pretty good for pro pers (aka pro se) and they have a lot of information. Depending on the particular issues, some specialised sites have briefs and sample motions as well.

Ex parte communications (like letters to the judge) are frowned upon.
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  #3  
Old 08-11-2009, 11:25 AM
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Quote:
Originally Posted by tranquility View Post
Courts don't generally like you writing them "letters". Some questions come up like this all the time on this list. There are some websites out there which are pretty good for pro pers (aka pro se) and they have a lot of information. Depending on the particular issues, some specialised sites have briefs and sample motions as well.

Ex parte communications (like letters to the judge) are frowned upon.
What OP needs to do is find the proper procedure for changing from a jury trial to a non-jury trial since he says he never authorized his attorney to request a jury trial.

One way, of course, would be to go back to the attorney and say "I never asked for a jury trial and you didn't clear it with me, so fix it". Since he has elected not to go that route, he should probably ask the court clerk if there's a proper procedure for asking the above change.
  #4  
Old 08-11-2009, 03:37 PM
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Location: Texas
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You do not have to have a jury trial. You can opt out of this at any time and choose to have the judge decide any disputed issues in a bench trial. Most judges are happy to grant requests for a non-jury trial. It also spares them a lot of time and trouble.

However, your wife can still invoke her right to a jury trial. In this case, if you are unwilling to mediate a settlement, and she insists on a jury trial, you are stuck on this ride.
  #5  
Old 08-11-2009, 04:40 PM
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Quote:
Originally Posted by mistoffolees View Post
...since he says he never authorized his attorney to request a jury trial.
That's not what the OP said.
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  #6  
Old 08-11-2009, 04:45 PM
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Quote:
Originally Posted by Zigner View Post
That's not what the OP said.
Actually, he did, but it was in a separate thread - he's apparently one of those people who feels the need to start a new thread whenever the mood strikes him:

[url]http://forum.freeadvice.com/divorce-separation-annulment-36/no-jury-trial-478227.html[/url]
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