Trial Procedure

Question 1

When discovery completed and case ready for trial, how is matter placed on trial court’s calendar?

Answer 1

Filing and service of note of issue

Question 2

How does party entitled to a jury obtain it?

Answer 2

Party filing note of issue: demands jury in note of issue (if not, waived)

Other parties: if no demand in note of issue, must serve and file own demand within 15 days of service of note of issue

Question 3

When does party in civil action have right to trial by jury?

Answer 3

1. Actions seeking solely monetary damages
2. Replevin (when getting personal property back)
3. Claim to real property
4. Annulment of marriage
5. Divorce action on issue of grounds

Question 4

How many jurors in civil case, and what proportion for verdict?

Answer 4

How many jurors in civil case, and what proportion for verdict?