Also known as: bench trial · judge trial · nonjury trial
Written by attorneys · grounded in primary & secondary sources — see below
A trial conducted without a jury in which the judge serves as the sole factfinder and decides all questions of law and fact. The court must make findings of fact and conclusions of law on the record. Parties may waive the right to a jury trial by stipulation or by proceeding without objection.
Benjamin Brooks sued his former employer for breach of an employment contract in federal court. After a bench trial the judge found for the employer and entered judgment. Brooks moved for a new trial within twenty-eight days citing newly discovered evidence that the employer had altered performance records. The court granted the motion under the standard applicable to rehearings in equity suits.
Brookside Pharmaceuticals prevailed in a patent infringement bench trial and obtained a judgment for damages. The losing party moved for relief under Rule 59(a)(2) and asked the court to take additional expert testimony on the proper royalty rate. The court reopened the record, amended its findings on damages, and entered a revised judgment.
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Brandon Black was convicted of bribery in a state bench trial. His lawyer failed to object to clearly inadmissible hearsay and waived closing argument. On postconviction review Black claimed ineffective assistance. The court applied the Strickland standard and examined whether counsel's performance fell below an objective level of reasonableness and prejudiced the outcome before the judge.
Brittany Bell sued Blue Horizon Industries for employment discrimination. The company moved for summary judgment arguing no genuine dispute existed on any material fact. The court applied the Anderson standard and denied the motion because a reasonable factfinder could find for Bell on the evidence presented.
Bianca Baker lost a trademark infringement bench trial. On appeal she challenged the judge's credibility determinations. The appellate court applied independent review to the ultimate constitutional question while deferring to the trial court's factual findings unless clearly erroneous.
Blake Butler was prosecuted for distributing videos depicting animal cruelty. He moved to dismiss on First Amendment grounds. The district court conducted a bench trial on stipulated facts and held the statute overbroad under the Stevens analysis.
Findings of fact in a bench trial may not be set aside unless clearly erroneous. The appellate court must give due regard to the trial court's opportunity to judge witness credibility. Legal conclusions receive de novo review.
After a nonjury trial the court may grant a new trial for any reason a rehearing would have been granted in equity. The court may also open the judgment, take additional testimony, amend findings, and direct entry of a new judgment.
Yes. The Sixth Amendment right to effective assistance applies whether the factfinder is a jury or a judge. Courts review counsel's performance under the same Strickland standard used in jury trials.
Yes. Rule 52(a)(1) requires the court to find the facts specially and state conclusions of law separately. The findings may appear on the record or in an opinion but must supply enough detail for meaningful appellate review.
…on its face. The District Court entered a preliminary injunction against the enforcement of the regulations, and, after a 3-day bench trial, held all the provisions at issue here unconstitutional, entering a permanent injunction against Pennsylvania's enforcement of them. 744 F. Supp. 1323 (ED Pa. 1990). The Court of Appeals…