Under U.S. law a bench trial is a trial in which the judge decides the fact of law. In such a case all necessary parties have waived the right to a trial by jury. Typically, in the case of a criminal trial only the criminal defendant may waive the right to a trail by jury. In a United States civil trial, at least one of the parties must request a jury trial. A small fee must also be paid. If a jury trial is not requested, a bench trial will be held.

In a bench trial, the judge acts as the finder of law as well as the finder of fact. In some cases, both sides may already have stipulated to all facts in the case. This is most common in civil disobedience cases. Bench trials are typically faster than jury trials due to the fact that fewer formalities are required. For example, there is no need to select a jury and no need to provide jury instructions.

Unlike jury trials, bench trials do possess some unique characteristics. In other ways; however, jury trials are much like bench trials. Rules of evidence as well as methods for objections remain the same in a bench trial as in a jury trial. Bench trials do tend to be more informal than jury trials; however. Some proponents of bench trials feel that they are not only faster but also allow all parties to concentrate on the issues at hand.

Other differences which set bench trials apart from jury trials include a tendency to accept evidence provisionally; subject to it being struck in the future.

At Benchtrial.net we are able to provide resources that will assist you in understanding the process of a bench trial and as well as resources for attorneys and clients alike.