In a non-jury sexual assault action, in what circumstances will the judge and jury consider the issue of delay and prejudice?

He adopted a nuanced, pragmatic approach to determining the question of delay and prejudice. 31. In my view, while there are differences in how to conduct the trial of an action depending on whether there is to be a judge and jury or a judge alone, that difference does not justify refusals to answer questions on an examination for discovery. The pursuit of truth promoted by the discovery process should not be influenced by the mode of trial. If the questions regarding past relationships and a prior sexual assault were proper for a judge alone trial then they ought to have been proper for a judge and jury trial. Answering questions should not be governed by tactical considerations. See Wilkinson v. Holtby, supra. Similarly, the production of documents should be no different in a jury trial and in a non-jury trial.