What does the Trier of Fact Mean?
Appellate courts call the person or people deciding the facts of the case at the trial court level the trier of fact. In jury trials, the jury would be the trier of fact. In a bench trial, the judge would be the trier of fact as the judge is making those decisions. In some instances, you may even have a different trier of fact. For example, in Virginia, the Court often appoints Commissioners in Chancery who engage in fact finding and determinations to evaluate cases for the court. In those cases, the commissioner may be the trier of fact in some instances. Civil Juries The Magic Number My practice is primarily in the Commonwealth of Virginia. In Virginia, we use twelve person juries for criminal trials. Civil trials only use seven jurors. Jury verdicts in both cases must be unanimous. In contrast, other states permit a civil jury to render a verdict when the jury is not unanimous. For example, in California, only three-quarters of the jury need to agree upon the verdict in a civil case
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