Jury Demand in New York Supreme Court–At A Glance

Use this At A Glance Guide to learn the New York rules of civil procedure (New York Civil Practice Law and Rules and Uniform Rules) applicable to making a jury demand in the New York Supreme Courts. For more detailed information, including local rules, on making a jury demand in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Jury Demand Guide for the court where your action is pending.

Timing:

Any party may demand a trial by jury by filing a Note of Issue containing a jury demand. CPLR 4102(a).

If the note of issue does not contain a demand for trial by jury, any party served with the note of issue may demand trial by jury by filing a written jury demand within fifteen (15) days of service of the note of issue. CPLR 4102(a).

If a jury demand as to some but not all of the issues in the case is filed, any party served with the demand has ten (10) days to file a supplemental demand seeking trial by jury of additional issues. CPLR 4102(b).

When, through the course of trial, it is revealed that the relief required entitles the adverse party to trial by jury, the court will give the adverse party an opportunity to demand a jury trial of those issues and set a time limit for the making of such a demand. Failure to make a demand within the time specified by the court shall be deemed a waiver of the right to jury trial. CPLR 4103.

Jury Demand Rules:

A jury demand will not be accepted for filing unless it is contained within the note of issue, or a note of issue has already been filed in the case. CPLR 4102(a).

Any party may make a jury demand as to any issue of fact legally eligible for trial by jury. CPLR 4102(a).

The party demanding trial by jury may specify the issues to be tried by jury, otherwise the demand shall be deemed to apply to all issues legally eligible for trial by jury. If a trial by jury as to part of the action is filed any other party may request trial by jury of additional issues by filing and serving a jury demand for the additional issues within ten (10) days of service of the original jury demand. CPLR 4102(b).

Unless otherwise ordered by the Court, whenever a trial by jury is demanded for less than all issues, and (1) such issues as to which a trial by jury is demanded are specified in the note of issue or the jury demand, and (2) the note of issue and certificate of readiness have been properly served and filed, the Court will conduct a bench trial on all issues of fact as to which a jury trial was not demanded. Only if the determination of these non-jury issues does not dispose of the case, will the Court empanel a jury to try the remaining issues as to which a jury has been demanded. Uniform R. 202.40.

If no party to the action files a jury demand, whether in the note of issue or otherwise, the right to trial by jury is deemed waived by all parties. CPLR 4102(a).

A party waives his or her right to trial by jury by filing a written waiver with the clerk, failing to appear at the trial, or making an oral waiver in open court. Waiver does not constitute withdrawal of a jury demand unless the other parties consent to the withdrawal. The right to trial by jury cannot be waived by joinder of a jury-eligible issue with non-jury-eligible issues or assertion of a jury-eligible counterclaim, cross-claim or third party claim in a non-jury-eligible primary action. CPLR 4102(c).

A party may not withdraw a jury demand without the consent of all other parties to the action, whether or not those parties sought trial by jury. CPLR 4102(a).

Some New York County judges may have individual rules or standing orders regarding the presentation of jury demands. Consult the individual rules or standing orders of the judge to whom your case is assigned before proceeding.

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

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