SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 47.02 Mode of trial

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 47.02

    (1)     A proceeding commenced by writ and founded on contract (including contract implied by law) or on tort (including a proceeding for damages for breach of statutory duty) shall be tried with a jury if—

        (a)     the plaintiff in the writ or the defendant by notice in writing to the plaintiff and to the Prothonotary within 10 days after the last appearance signifies that the plaintiff or the defendant (as the case requires) desires to have the proceeding so tried; and

        (b)     the prescribed fees for the purposes of section 24 of the Juries Act 2000 are paid.

    (2)     Any other proceeding shall be tried without a jury, unless the Court otherwise orders.

    (3)     Notwithstanding any signification under paragraph (1), the Court may direct trial without a jury if in its opinion the proceeding should not in all the circumstances be tried before a jury.

    (4)     Trial with a jury shall be with a jury of six.