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


Latest version.
  • A  person  commencing  an action upon a small 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 plaintiff 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
      plaintiff,  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  parts 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 small claim which may
      have been transferred to another part of the court, the court may  award
      costs up to twenty-five dollars to the plaintiff if he prevails.