Section 1303. Jury trials; how obtained; jury fee  


Latest version.
  • (a)  If the defendant appears before the clerk to answer in person, he
      shall demand a jury trial, if desired, at that time. If he does  not  do
      so, any other party may demand trial by jury by mailing such a demand to
      the clerk and all other parties within three days after receiving notice
      of the trial date as set forth in § 1301(a).
        (b)  If  a  motion is made to have a trial date set, as provided in §
      1301(b), the movant shall include demand for trial by jury, if  desired,
      in  his notice of motion. If he omits to do so, any other party desiring
      trial by jury shall demand it in papers opposing the motion.
        (c) If the trial date is set by agreement pursuant to  § 1301(c),  the
      trial shall be without jury unless the stipulation provides otherwise.
        (d)  The party demanding trial by jury shall pay the fee therefor upon
      making the demand. If trial by jury is stipulated  to,  the  stipulation
      shall  provide  for  payment  of  the  jury  fee,  and in the absence of
      providing therefor, it shall be paid by the plaintiff.
        (e) Unless a jury is demanded or stipulated to, and the jury fee  paid
      as  provided  in  section  nineteen hundred eleven of this act, trial by
      jury is waived.
        (f) 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.