Jury Demand and Waiver

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 133-146

JURY DEMAND

AND WAIVER

4-1

CHAPTER 4

JURY DEMAND AND WAIVER

I. RIGHT TO JURY TRIAL

§4:01 Constitution Preserves Right to Trial by Jury

§4:02 Counterclaims

§4:03 Power of Legislature

§4:04 Courts That Try Cases Before Juries

§4:05 Actions Triable by a Jury

§4:06 Advisory Jury

§4:07 Cases Tried by Court

II. DEMAND FOR JURY TRIAL

§4:20 Whether to Demand Jury Trial: Advantages and Disadvantages

§4:21 Demand for Jur y Trial in Supreme Court and County Court

§4:22 Demand for Jury Trial in Lower Courts

§4:23 Separate Fees

§4:24 Demand for Jury Trial of Only Some Issues

§4:25 Mixed Trial by Court and by Jury

§4:26 Jury Trial When Jury Triable Issues Revealed During Trial

§4:27 Motion to Strike Jury Demand

III. WAIVER OF JURY TRIAL

§4:40 What Constitutes Waiver?

§4:41 Once Demanded, All Parties Must Waive

§4:42 Once Waived, Right Does Not Reattach

§4:43 When Jury Trial Not Waived

§4:44 Relief From Waiver

FORMS

Form 4:10 Notice of Jury Demand

Form 4:20 Stipulation to Withdrawal of Jury Demand