What is the name of your state (only U.S. law)? South Carolina
I am the defendant in a small claims civil suit. I went to court today for a jury/strike roster meeting. The plaintiff did not show up. I had previously filed a motion to dismiss and the judge considered it but denied it today. So they had me pick the jury without the plaintiff getting a say. That was okay with me and I got to pick the date of the trial as well.
My question is, should I/ can I now ask for a bench trial? I was not the one who asked for the jury trial, and I was hoping they would dismiss the action since he was not there, but they did not. Am I better off with a jury trial, or should I push for a bench trial?
Also, if he does not show up to the actual trial, what should I do? Do I just ask for a default judgment? Or am I going to have to present my case without him there?
For a little bit of background this is another one of those he bought a boat and a month later the motor blew cases. He has very little evidence and I do not really mind going to trial. He filed the action a year after the sale, and it has now almost been 2 years since the sale.
I thank you all for any help.What is the name of your state (only U.S. law)?
I am the defendant in a small claims civil suit. I went to court today for a jury/strike roster meeting. The plaintiff did not show up. I had previously filed a motion to dismiss and the judge considered it but denied it today. So they had me pick the jury without the plaintiff getting a say. That was okay with me and I got to pick the date of the trial as well.
My question is, should I/ can I now ask for a bench trial? I was not the one who asked for the jury trial, and I was hoping they would dismiss the action since he was not there, but they did not. Am I better off with a jury trial, or should I push for a bench trial?
Also, if he does not show up to the actual trial, what should I do? Do I just ask for a default judgment? Or am I going to have to present my case without him there?
For a little bit of background this is another one of those he bought a boat and a month later the motor blew cases. He has very little evidence and I do not really mind going to trial. He filed the action a year after the sale, and it has now almost been 2 years since the sale.
I thank you all for any help.What is the name of your state (only U.S. law)?