§ 60-238 Right of trial by jury; demand; waiver

Codes > Kansas Statutes > Chapter 60 > Article 2 > 60-238 Right

60-238. Right of trial by jury; demand; waiver

    (a) Right preserved. The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as provided by a state statute, is preserved to the parties inviolate.

    (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

        (1) Serving the other parties with a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed to the issue is served; and

        (2) filing the demand in accordance with K.S.A. 60-205, and amendments thereto.

    (c) Specifying issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may, within 14 days after being served with the demand or within a shorter time ordered by the court, serve a demand for a jury trial on any other or all factual issues triable by jury.

    (d) Waiver; withdrawal. A party waives a jury trial unless its demand is properly served and filed, but the court may set aside a waiver of a jury trial in the interest of justice or when the waiver inadvertently results. A proper demand may be withdrawn only if the parties consent.