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 A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.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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