A bench trial is a Trial conducted without a jury, in which the judge decides both the facts and the law. Instead of jurors returning a verdict, the judge makes the findings and enters the decision.

The term bench refers to the judge, so a bench trial is a case tried before the judge alone.

Bench Trial Explained

Cornell Wex explains that a bench trial does not involve a jury and that the judge both decides the facts and applies the law. Federal Rule of Criminal Procedure 23 likewise addresses nonjury trials and states that in a criminal case tried without a jury, the court must find the defendant guilty or not guilty.

The Term Bench Trial in Different Legal Contexts

Bench trials occur in many civil matters and in some criminal cases where a jury trial is waived or not required. The availability and procedure can vary depending on the type of case and the jurisdiction.

Because the judge serves as fact finder, issues such as witness credibility, admissibility of evidence, and legal conclusions are all addressed by the court rather than split between judge and jury.

Common Misconceptions About the Meaning of Bench Trial

A common misconception is that a bench trial is less formal than a jury trial. It is still a trial governed by the same basic procedural and evidentiary rules.

Another misconception is that bench trials happen only in minor cases. They can also be used in significant civil and criminal matters when the law allows and the proper waiver or procedure is followed.