Bench Trial

Definition: A trial conducted before a judge without a jury, where the judge serves as the sole finder of fact and decides both factual and legal issues. The parties may agree to a bench trial, or the court may determine that the case is not eligible for a jury trial.

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Bench Trials in Florida

A bench trial is a trial decided by a judge without a jury. In Florida, the judge serves as both the fact-finder and legal decision-maker, issuing written findings of fact and conclusions of law at the conclusion of the case.

When Bench Trials Apply

Florida bench trials occur in equitable proceedings (injunctions, specific performance, foreclosure), when both parties waive jury trial in writing, in family law proceedings, and in certain statutory proceedings. Florida Rule of Civil Procedure 1.430 governs jury trial demands and waivers.

Advantages

Bench trials are faster (no voir dire, jury instructions, or deliberations), allow the judge to handle complex financial and technical evidence efficiently, and produce detailed written findings that create a clear appellate record. Many Florida commercial litigants prefer bench trials for these reasons.

Related Terms

Barnes Walker Litigation

Barnes Walker tries civil bench trials throughout Southwest Florida. Contact us for trial representation.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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