Sample Ex-Parte Application for Relief From Waiver of Jury Trial for California
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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 has been revised and updated in 2019, is 12 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority,
- Sample declaration,
- Sample declaration regarding ex-parte notice, and
- Proposed order.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
Note that the author is NOT an attorney and no guarantee or warranty is provided.