Rule 1038.3. Equitable Relief. Advisory Verdict by Jury.
In any case in which there is a claim for equitable relief, the court on its own motion or upon the petition of any party may submit to trial by jury any or all issues of fact arising from that claim. The advisory verdict of the jury shall be in the form of answers to specific questions and shall not be binding upon the court.
Rule 1038.3 does not confer a right to trial by jury if the right did not exist prior to the consolidation of the action in equity with the civil action.
The rule preserves the practice under former Equity Rule 1513 of allowing a court in its discretion to submit such claims to trial by jury for an advisory verdict.
The provisions of this Rule 1038.3 adopted December 16, 2003, effective July 1, 2004, 34 Pa.B. 9.
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