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Trials without juries are encouraged by closed discovery .In common law jurisdictions, discovery is the pre-trial stage of a case during which each party can acquire evidence from the opposing party or parties through the use of discovery tools such interrogatories, demands for the production of documents, requests for admissions, and depositions.

Bench trials are trials handled by the judge alone without a jury. An action shall be begun by submitting in the clerk’s office a complaint. The issue is joined after the defendants' replies to the cause of action are submitted. If a jury is not asked, the judge is prepared to conduct a bench trial after hearing pre-trial motions and after counsel has finished the discovery process. At the calling of the court's docket, the judge sets the matter for trial. (A local rule may call for the submission of a petition.) The procedure for a jury trial is the same for a bench trial. The main distinction is that the matter is heard and decided by the judge rather than a jury.

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