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Page 3 of 7 |
Do I have the right to a jury trial in admiralty and maritime matters? |
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If the case is filed in state court, state law governs the right to a jury trial. Therefore, most state cases would entitle the litigants to a jury trial.
However, if the case is filed in federal court, and the only basis of jurisdiction is admiralty and maritime pursuant to United States statutes, there is no right to a jury trial.
In certain circumstances, if a case was filed initially in the state court where there was a right to a jury trial, and the case is removed to the federal court, the right to a jury trial will be preserved in the federal court after removal. However, cases filed against the United States are heard only by the Judge; no jury trial is allowed. |
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