Section 1806-A. Trial by jury; how obtained; discretionary costs  


Latest version.
  • A claimant
      commencing an action upon a commercial claim under this article shall be
      deemed  to  have  waived  a  trial  by jury, but if said action shall be
      removed to a regular part of the court, the claimant shall have the same
      right to demand a trial by jury as if such action  had  originally  been
      begun  in  such part. Any party to such action, other than the claimant,
      prior to the day upon which he is notified to appear or answer, may file
      with the court a demand for a trial by jury and his affidavit that there
      are issues of fact in the action requiring such a trial, specifying  the
      same  and stating that such trial is desired and intended in good faith.
      Such demand and  affidavit  shall  be  accompanied  with  the  jury  fee
      required  by  law and an undertaking in the sum of fifty dollars in such
      form as may be approved by the rules, payable  to  the  other  party  or
      parties,  conditioned upon the payment of any costs which may be entered
      against him in the said action or any appeal within  thirty  days  after
      the  entry  thereof;  or,  in lieu of said undertaking, the sum of fifty
      dollars may be deposited with the clerk of the court and  thereupon  the
      clerk  shall  forthwith  transmit  such original papers or duly attested
      copies thereof as may be provided by the rules to the part of the  court
      to  which  the  action shall have been transferred and assigned and such
      part may require pleadings in such action as though it had been begun by
      the service of a summons. Such action  may  be  considered  a  preferred
      cause of action. In any commercial claim which may have been transferred
      to  another  part  of  the  court,  the  court  may  award  costs  up to
      twenty-five dollars to the claimant if the claimant prevails.