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.