Sample Ex-Parte Application for Relief From Waiver of Jury Trial for California
This sample ex-parte application for relief from waiver of the right to a jury trial in California is filed pursuant to Code of Civil Procedure section 631(g) on the grounds that the moving party failed to request a trial by jury due to mistake, inadvertence, surprise, or excusable neglect, the case is a proper one for a trial by jury pursuant to Code of Civil Procedure section 592 and the interests of justice would be served by a trial by jury. The sample is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and declaration regarding ex-parte notice, and a proposed order. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.