2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 41 - (4101 - 4113) TRIAL BY A JURY
4102 - Demand and waiver of trial by jury; specification of issues.


NY CPLR § 4102 (2012) What's This?
 
    §  4102.  Demand and waiver of trial by jury; specification of issues.
  (a) Demand. Any party may demand a trial by jury of any  issue  of  fact
  triable of right by a jury, by serving upon all other parties and filing
  a note of issue containing a demand for trial by jury.  Any party served
  with  a note of issue not containing such a demand may demand a trial by
  jury by serving upon each party a demand for a trial by jury and  filing
  such  demand  in  the  office  where  the note of issue was filed within
  fifteen days after service of the note of issue. A demand shall  not  be
  accepted for filing unless a note of issue is filed in the action. If no
  party  shall  demand  a  trial  by jury as provided herein, the right to
  trial by jury shall be deemed waived by all parties.  A  party  may  not
  withdraw  a  demand  for  trial by jury without the consent of the other
  parties, regardless of whether another party previously filed a note  of
  issue without a demand for trial by jury.
    (b)  Specification  of  issues.  In his demand a party may specify the
  issues which he wishes tried by jury; otherwise he shall  be  deemed  to
  have demanded trial by jury of all issues so triable. If he has demanded
  trial  by  jury  of  only some of the issues, any other party within ten
  days after service of the demand may serve and file a demand  for  trial
  by jury of any other issues in the action so triable.
    (c)  Waiver. A party who has demanded the trial of an issue of fact by
  a jury under this section waives his right by failing to appear  at  the
  trial,  by  filing  a written waiver with the clerk or by oral waiver in
  open court. A waiver does not  withdraw  a  demand  for  trial  by  jury
  without the consent of the other parties. A party shall not be deemed to
  have  waived  the  right  to trial by jury of the issues of fact arising
  upon a claim, by joining it with another claim  with  respect  to  which
  there  is  no  right to trial by jury and which is based upon a separate
  transaction; or of the issues  of  fact  arising  upon  a  counterclaim,
  cross-claim  or third party claim, by asserting it in an action in which
  there is no right to trial by jury.
    (d) Local rules. The chief administrator of the  courts  may  by  rule
  provide  that  a party shall be deemed to have demanded trial by jury by
  filing a note of issue not containing an  express  waiver  of  trial  by
  jury.
    (e)  Relief by court. 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.

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