VERIFYING claims about the lack of a jury at former President Trump's fraud trial in New York

On Oct. 2, a civil fraud trial against former President Donald Trump began in New York City. The case, brought by New York Attorney General Letitia James, accuses Trump and his company of deceiving banks, insurers and others by chronically overstating his wealth by as much as $3.6 billion.

Judge Arthur Engoron has already ruled that Trump committed fraud. If upheld on appeal, the case could cost the former president control of some of his most prized properties, including Trump Tower, a Wall Street office building and golf courses. James is also seeking $250 million in penalties and a ban on Trump doing business in New York.

After the trial’s first day ended, Trump claimed he was “not entitled to a jury, which is unusual in the United States of America.” He made similar claims in late September.

Some viral posts on X suggest Trump’s legal team never requested a jury for the trial. But is that true?

THE QUESTION

Did Trump’s legal team request a jury in his New York civil fraud trial?

THE SOURCES

• New York State Unified Court System
• Note of Issue: Without Jury, form filed by New York Attorney General Letitia James' Office on July 31, 2023
• Judge Arthur Engoron
• New York Executive Law § 63(12) 
• Thomson Reuters Practical Law

THE ANSWER

No, Trump’s legal team did not request a jury in his New York civil fraud trial, according to court records.

WHAT WE FOUND

There is no record of former President Donald Trump’s legal team submitting a jury request to the court prior to the start of his civil fraud trial in New York despite his claims casting doubt over the process.

On the New York State Unified Court System website, VERIFY found that New York Attorney General Letitia James’ office submitted a “Note of Issue” form to the New York County Supreme Court on July 31, 2023. In the “Notice for Trial” box on the form, the phrase “Trial without jury” is checked.

A “Note of Issue” is a form filed in New York state court and served on all parties confirming that they have completed necessary discovery proceedings and the case is ready for trial, according to Thomson Reuters Practical Law.

“Any party may file the note of issue after the issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21,” Thomson Reuters Practical Law says on its website.

Trump’s legal team did not submit a “Note of Issue” form, according to the court system database. This means they did not request a jury for the trial.

Even if the Trump legal team did formally request a jury, that does not mean their request would have been granted. In addition to confirming that neither side sought a jury trial, Judge Arthur Engoron also explained in court that state law does not allow for juries when suits seek not only money but a court order setting out something a defendant must do or not do.

Donald Trump’s attorney Alina Habba denied claims that the trial’s lack of jury is her fault during an Oct. 2 appearance on Newsmax’s “The Balance.”

“I have to address this one common misconception in the press, and unfortunately, it just keeps getting repeated, which is that we had this great option to have a box checked for a jury. No, we didn’t have that. That’s not how this works,” Habba told host Eric Bolling.

In a statement to NBC News, Habba said that the New York attorney general filed the case under New York Executive Law § 63(12), a consumer protection statute that she claims denies the right to a jury.

“There was never an option to choose a jury trial. It is unfortunate that a jury won’t be able to hear how absurd the merits of this case are and conclude no wrongdoing ever happened,” Habba said.

VERIFY also reached out to Habba but did not hear back by the time of publication.

The Associated Press contributed to this report.