Apple and Epic Games agree to have lawsuit heard by court, not by jury

Free Fortnite
Free Fortnite (Image credit: Epic Games)

What you need to know

  • Apple and Epic Games have agreed to have the lawsuit tried by a court.
  • Both companies have turned down the idea to have the case determined by a jury.
  • The case is expected to be heard in July of 2021.

Reported by MacRumors, Apple and Epic Games have formally requested that their legal dispute surrounding Fortnite and Apple's App Store policies be decided by a court, not a jury.

In a filing submitted Tuesday to the Northern California court, both companies have requested that the lawsuit be tried by the court with a bench trial instead of being tried in front a jury. As a result of the agreement, Apple has withdrawn its demand for a jury trial.

Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

According to the report, the judge overseeing the case did not want to try two separate cases, which contributed to Apple withdrawing the request for trial by jury.

In a counterclaim against Epic Games, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.

The decision came today after, on Monday, Judge Yvonne Gonzalez Rogers made the recommendation that the lawsuit between Epic Games and Apple go to trial by jury. At that preliminary hearing, Judge Rogers did not seem to agree with Epic Games' request for an injunction to allow Fortnite back on the App Store unless it complied with Apple's App Store policies. Her written statement with a final decision on the matter is expected soon.

Joe Wituschek

Joe Wituschek is a Contributor at iMore. With over ten years in the technology industry, one of them being at Apple, Joe now covers the company for the website. In addition to covering breaking news, Joe also writes editorials and reviews for a range of products. He fell in love with Apple products when he got an iPod nano for Christmas almost twenty years ago. Despite being considered a "heavy" user, he has always preferred the consumer-focused products like the MacBook Air, iPad mini, and iPhone 13 mini. He will fight to the death to keep a mini iPhone in the lineup. In his free time, Joe enjoys video games, movies, photography, running, and basically everything outdoors.