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231 Pa. Code Rule 1007.1. Jury Trial. Demand. Waiver.

Rule 1007.1. Jury Trial. Demand. Waiver.

 (a)  Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.


 (b)  Arbitration Appeal. Where an appeal is taken from an award in compulsory arbitration and a jury trial has not theretofore been demanded, the right to a jury trial shall be deemed waived unless the appellant endorses a demand for a jury trial on the appeal, or unless the appellee files and serves a written demand for a jury trial not later than ten days after being served with the notice of appeal.


 (c)  Withdraw of Demand.

   (1)  A demand for trial by jury may not be withdrawn without the consent of all parties who have appeared in the action.

   (2)  A demand for a trial by jury on behalf of a party shall be deemed withdrawn if at the time a case is called for trial that party, without satisfactory excuse, fails to appear or appears but is not ready. Any other party appearing and ready who has not already demanded a trial by jury shall forthwith demand a trial by jury or shall be deemed to have waived the same.


   This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g). A trial without jury shall be conducted in accordance with Pa.R.Civ.P. 1038.


   The provisions of this Rule 1007.1 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (411427) to (411428).

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