Rule 38. Jury Trial of Right

Rule 38.03. Demand — Cases Removed to Trial Court

In cases removed by appeal or otherwise to the chancery or circuit courts or to courts of similar jurisdiction, any party may demand a trial by jury of any issue triable of right by jury by filing written demand for jury trial within ten (10) days after the papers are filed with the clerk. If such a case is set for trial within ten (10) days after the papers are filed with the clerk, any party may make demand for jury trial when the case is called for trial. In every case removed to the chancery or circuit courts or to courts of similar jurisdiction the clerk shall promptly give notice to the appellee of the filing of the papers.

Click here for Advisory Commission Comments to Rules 38.01-38.05.

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