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Bench Trial or Non-jury Trial
Also known as a court trial, a bench trial is one in which the parties have waived the right to a jury, and therefore presents the case to the judge only. In criminal cases, only the defendant can waive the right to a jury trial. In civil proceedings however, at least one of the parties must specifically request a jury and be prepared to pay a fee; otherwise, a bench trial is held.
Parties to the lawsuit may make opening statements, although it is more common to simply present the evidence. The plaintiff presents his/her case first, followed by the defendant. After this, the plaintiff is given an opportunity to offer a rebuttal to the defendant's case.
Once the evidence has been presented, the judge takes the case under consideration; closing arguments are not usually made in a bench trial. Depending on the complexity of the issue, the judge may make an immediate ruling, or may consider the matter for weeks before making a decision.
Beyond this, a bench trial is essentially the same as a jury trial. Rules of evidence and methods of objection are identical for both proceedings.
Despite the absence of a jury, bench trials are actually a faster, more efficient and often fairer way of determining the outcome of civil actions. Bench trials lack the often time-consuming formality of a jury trial, so the parties are better able to focus on the actual legal issues. In a bench trial, there is less need to protect the record with objections. At times, the judge may choose to accept evidence on a provisional basis (de bene), which allows it to be discarded in the future if necessary.