§ 4102 — Demand and waiver of trial by jury; specification of issues

New York § 4102

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 41: Trial By a Jury

Text

§ 4102. Demand and waiver of trial by jury; specification of issues.\n(a) Demand. Any party may demand a trial by jury of any issue of fact\ntriable of right by a jury, by serving upon all other parties and filing\na note of issue containing a demand for trial by jury. Any party served\nwith a note of issue not containing such a demand may demand a trial by\njury by serving upon each party a demand for a trial by jury and filing\nsuch demand in the office where the note of issue was filed within\nfifteen days after service of the note of issue. A demand shall not be\naccepted for filing unless a note of issue is filed in the action. If no\nparty shall demand a trial by jury as provided herein, the right to\ntrial by jury shall be deemed waived by all parties. A party may not\nwithdraw a demand for trial by jury without the consent of the other\nparties, regardless of whether another party previously filed a note of\nissue without a demand for trial by jury.\n (b) Specification of issues. In his demand a party may specify the\nissues which he wishes tried by jury; otherwise he shall be deemed to\nhave demanded trial by jury of all issues so triable. If he has demanded\ntrial by jury of only some of the issues, any other party within ten\ndays after service of the demand may serve and file a demand for trial\nby jury of any other issues in the action so triable.\n (c) Waiver. A party who has demanded the trial of an issue of fact by\na jury under this section waives his right by failing to appear at the\ntrial, by filing a written waiver with the clerk or by oral waiver in\nopen court. A waiver does not withdraw a demand for trial by jury\nwithout the consent of the other parties. A party shall not be deemed to\nhave waived the right to trial by jury of the issues of fact arising\nupon a claim, by joining it with another claim with respect to which\nthere is no right to trial by jury and which is based upon a separate\ntransaction; or of the issues of fact arising upon a counterclaim,\ncross-claim or third party claim, by asserting it in an action in which\nthere is no right to trial by jury.\n (d) Local rules. The chief administrator of the courts may by rule\nprovide that a party shall be deemed to have demanded trial by jury by\nfiling a note of issue not containing an express waiver of trial by\njury.\n (e) Relief by court. The court may relieve a party from the effect of\nfailing to comply with this section if no undue prejudice to the rights\nof another party would result.\n