When will a judge strike out a jury notice and discharge the jury?

This principle is not lost on this court in deciding whether or not to strike the jury notice and discharge the jury. At paragraph 52 of the Hunt v. Sutton case, the court commented on the trial judge’s discretion to strike out a jury notice or discharge a jury as follows: “A judge, on the motion, may strike out a jury notice or discharge a jury. The trial judge is in the best position to determine how to exercise that power. The decision of the trial judge to keep or discharge a jury is an exercise of a discretionary power. An appellate court may not interfere with that exercise unless it has been carried out arbitrarily, capriciously or on wrong or inapplicable principles.”