Bench Trial vs Jury Trial in Florida: Who Decides Your Case?

Bench trial vs jury trial is one of the first questions people ask when an injury or insurance case heads toward court: will a judge decide, or a jury? In Florida civil cases, the answer depends on the type of claim and on what the parties request. This guide explains the difference in plain language, the Florida rules behind it, and what clients and lawyers think about before trial. This article is general information, not legal advice.

Bench Trial vs Jury Trial: The Basic Difference

In a jury trial, a group of citizens (the jury) decides the facts: what happened, who was at fault and how much money, if any, the injured person should receive. The judge still runs the courtroom, rules on objections and evidence, and tells the jury what the law is through jury instructions.

In a bench trial (also called a non-jury trial), there is no jury. The judge decides both the facts and the law. The name comes from the judge's "bench," the raised desk at the front of the courtroom.

• Who decides the factsJury trial: the jurors. Bench trial: the judge.
• Who decides the lawIn both: the judge.
• Rules of evidenceThe same Florida rules of evidence apply in both kinds of trial.
• Burden of proofIn most civil cases the person bringing the claim must prove it by the greater weight of the evidence, whether a judge or a jury decides.
• Where it happensFlorida civil trials take place in county court or circuit court, depending on the type and size of the case. See our guide to the Florida court system.

So in the bench trial vs jury trial question, the real difference is who weighs the evidence and decides the outcome, not which law applies.

Your Right to a Jury Trial in Florida

The Florida Constitution protects the right to trial by jury (Article I, section 22), and the Florida Rules of Civil Procedure state that this right is preserved to the parties "inviolate" (Rule 1.430). In practice, that means most claims for money damages, such as a car accident, slip and fall or other negligence claim, can be tried to a jury if a party properly asks for one.

Not every case or issue has a jury, though:

• Equitable claims (for example, a request for an injunction ordering someone to do or stop doing something) are traditionally decided by a judge.
• Family law cases, such as a divorce, are decided by a judge.
• Declaratory judgment actions (asking a court to declare the parties' rights, for example under an insurance policy) can have factual issues sent to a jury under section 86.071, Florida Statutes, depending on the case.
• Legal questions, such as what a contract or statute means, are for the judge even in a jury trial.

Whether a particular claim carries a jury right can be a technical question. A Florida attorney can review it early, because the request has to be made the right way and on time.

How a Jury Trial Is Requested (and How the Right Is Waived)

In Florida civil cases, a jury is not automatic. A party has to demand one in writing under Rule 1.430 of the Florida Rules of Civil Procedure. Lawyers often include the demand in the complaint or the answer.

Under Rule 1.430(b), the demand is generally due no later than 10 days after service of the last pleading directed to the issue to be tried. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Three more points from the rule matter in real cases:

• Not asking can waive the juryUnder Rule 1.430(e), a party who does not file a proper demand waives trial by jury, and a jury trial then generally needs the consent of the parties, although the court has some ability to order one.
• A demand cannot simply be withdrawnOnce one side demands a jury, it may not be withdrawn without the consent of the parties. So if either side demands a jury, a bench trial usually happens only if both sides agree to give up the jury.
• Contract clausesSome contracts, such as many commercial leases and loan documents, contain a clause waiving a jury trial. Whether such a clause applies to a particular claim is a legal question for your attorney.

What a Florida Civil Jury Trial Looks Like, Step by Step

1. The jury pool is summoned. Florida clerks build juror lists mainly from the state's driver license and ID card records (section 40.011, Florida Statutes). To serve, a person must be at least 18, a U.S. citizen, a legal resident of Florida and of the county, and hold a Florida driver license or ID card or sign the affidavit the statute describes (section 40.01).
2. Jury selection (voir dire). The lawyers have the right to question potential jurors (Rule 1.431(b)). Jurors who cannot be fair can be removed "for cause," and each party also has 3 peremptory challenges to excuse jurors without giving a reason (Rule 1.431(d)).
3. The jury is sworn. In Florida state court, six jurors are enough for a civil case (section 69.071, Florida Statutes). The judge may also seat alternate jurors in case someone cannot finish.
4. Opening statements. Each side previews what it expects the evidence to show.
5. Evidence. Witnesses testify and documents, photos, medical records and expert opinions are presented. The judge rules on objections.
6. Closing arguments and jury instructions. The judge reads instructions on the law, based on the Florida Standard Jury Instructions approved by the Florida Supreme Court. Florida's standard instructions also address jurors taking notes and asking questions.
7. Deliberation and verdict. The jurors meet privately and answer the questions on the verdict form, such as who was negligent, each party's share of fault and the amount of damages.

A Florida bench trial follows the same order except for jury selection, jury instructions and deliberation: the judge hears the evidence and arguments and then rules.

Bench Trial: How It Works and When It Happens

In a bench trial, the judge is the only decision-maker. The judge listens to the witnesses, decides whom to believe, applies the law and enters a judgment. Because there is no jury selection, no jury instructions and no deliberation, a bench trial can be shorter, although scheduling and length vary a great deal from court to court.

Bench trials are common when:

• the claims are equitable or otherwise have no jury right;
• no party demanded a jury, or a valid jury waiver applies;
• both sides agree that a judge should decide, for example because the dispute turns mostly on documents or legal questions.

A judge's decision after a bench trial and a jury's verdict can both be reviewed on appeal. To learn how that works, see Florida Court of Appeals: How an Appeal Works After a Trial.

Jury or Judge? What Clients and Lawyers Weigh

There is no rule that one kind of trial is better. Every case is different, and the choice is made with your lawyer based on the facts. Common considerations include:

• The kind of decision neededQuestions like pain, suffering and how an injury changed someone's life are decided by people from the community in a jury trial. Highly technical or document-heavy disputes are sometimes better suited to a judge.
• Fault and comparative negligenceUnder Florida's modified comparative negligence law (section 768.81, Florida Statutes), the jury or judge assigns a share of fault to each party. In most negligence cases, a person found more than 50% at fault for their own harm cannot recover damages.
• Time and costJury trials involve jury selection, instructions and deliberation. A bench trial may take less courtroom time, but every court's calendar is different.
• PredictabilitySome parties prefer one experienced decision-maker; others prefer a group of citizens. Lawyers look at the facts, the witnesses and the issues before recommending either path.
• SettlementMany civil cases settle before trial, often at mediation. The possibility of a jury trial is one of the factors both sides weigh when they discuss settlement.

Jury Trials in Car Accident, Injury and Insurance Cases

In personal injury cases, such as car accidents, truck and motorcycle crashes, and slip and fall or other premises liability claims, the injured person is usually seeking money damages, which is the classic jury claim. The same is generally true of a homeowner suing an insurance company over a denied or underpaid property claim.

Some injury cases are filed in, or moved to, federal court. Federal civil juries follow different rules (Federal Rule of Civil Procedure 48 allows 6 to 12 jurors). See Federal Court vs State Court in Florida for when that happens.

After a verdict or judgment, there are short deadlines for post-trial motions and appeals. For example, a motion for new trial is generally due 15 days after the verdict in a jury case, and a notice of appeal is generally due 30 days after the final judgment is rendered. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Frequently Asked Questions

Photo: Carol M. Highsmith / Library of Congress (public domain): courtroom, David W. Dyer Federal Building and U.S. Courthouse, Miami