Section 1303. Jury trial; how obtained; jury fee  


Latest version.
  • (a) Either party after
      joinder of issue may demand a trial by jury.  The demand must be made in
      writing and must be filed with the clerk with the notice  of  trial  set
      forth in § 1301. Any other party to the action within ten days after the
      service  of  a  copy  of the notice of trial upon him unaccompanied by a
      written notice demanding a trial by jury, may serve upon  the  attorneys
      for  all  the  other  parties to the action a written notice demanding a
      jury trial and file a copy of such notice with the  clerk  within  three
      days   after  service  thereof.  In  a  summary  proceeding  to  recover
      possession of real property, the demand may be made by the tenant at the
      time of answering or by the landlord at  any  time  before  the  day  of
      trial.
        (b)  Unless  a  demand  is  made  and the jury fee paid as provided in
      section nineteen hundred eleven of this act, a jury trial is waived.
        (c) The Court may relieve a party from the effect of failing to comply
      with this section if no undue prejudice to the rights of  another  party
      would result.