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Letter B
civil procedure

Bench Trial

A trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the arbiter of law.

Encyclopedia entry: Bench Trial

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bench trial

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law . The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial

In the United States, trial by jury is a constitutional right under the Sixth Amendment . In the federal court system, if a defendant is entitled to a jury trial, the trial must be conducted by a jury unless (1) the defendant waives the jury trial in writing, (2) the government agrees, and (3) the court approves. In each state , the circumstances in which bench trials apply vary from jurisdiction to jurisdiction.

[Last reviewed in June of 2022 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.