Summary
denying defendant's motion to have the case heard by a jury after failing to properly demand a jury trial on the grounds that "[i]n the Court's experience civil actions related to contracts are far more suited to a bench trial than a jury trial since most of the issues relate to matters of law rather than of fact."
Summary of this case from Comonwlth Con. Com. v. Cornerstne FelshipOpinion
C.A. No. 99L-04-001-JEB
Submitted: June 22, 2001
Decided: August 21, 2001
Jeffrey P. Wasserman, Esq., Wilmington, DE.
Leo John Ramunno, Esq., Wilmington, DE.
Dear Counsel:
This is a mechanics lien and contract action with a counter claim. It was filed and answered without a demand for jury by any of the parties. In January at a pre trial conference, the Court scheduled the case for a 1 day non-jury trial commencing May 24, 2001. That trial had to be rescheduled and the case is currently set for a 1 day non-jury trial on August 27, 2001.
Defendants have now filed a motion to have the case heard by a jury. In connection with that motion and at oral argument, however, the defendants have been unable to supply the Court with any reason why this contractual dispute would be appropriate for a jury trial. In the Court's experience civil actions related to contracts are far more suited to a bench trial than a jury trial since most of the issues relate to matters of law rather than fact. It is also a truth that a case which may be tried in less than a day before a Judge will often take two or three days before a jury. In the absence of any reason why this case should be tried by a jury, defendants' motion will be Denied.
IT IS SO ORDERED