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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 38 JURY TRIALS
OF RIGHT
CR 38.01 RIGHT
PRESERVED
The right of trial
by jury as declared by the Constitution of Kentucky or as given by a
statute of Kentucky shall be preserved to the parties inviolate.
[Adopted eff.
7-1-53]
CR 38.02 DEMAND
Any party may
demand a trial by jury of any issue triable of right by a jury by
serving upon the other parties a demand therefor in writing at any
time after the commencement of the action and not later than 10 days
after the service of the last pleading directed to such issue. Such
demand may be indorsed upon a pleading of the party, and if indorsed
on the complaint, the filing of the complaint shall constitute
service of the demand.
[Adopted eff.
7-1-53]
CR 38.03 SAME;
SPECIFICATION OF ISSUES
n his demand a
party may specify the issues which he wishes so tried; otherwise he
shall be deemed to have demanded trial by jury for all the issues so
triable. If he has demanded trial by jury for only some of the
issues, any other party within 10 days after service of the demand,
or within the time for answering if the demand is indorsed upon the
complaint, or within such lesser time as the court may order, may
serve a demand for trial by jury of any other or all of the issues
of fact in the action.
[Adopted eff.
7-1-53]
CR 38.04 WAIVER
The failure of a
party to serve a demand as required by this rule and to file it as
required by Rule 5.05 constitutes a waiver by him of trial by jury.
A demand for trial by jury made as herein provided may not be
withdrawn without the consent of the parties.
[Adopted eff.
7-1-53]
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