How this document has been cited
"The time within which such a demand may be served is not extended by the service of amended pleadings,(Rules 38 and 39; Buggeln & Smith, Inc.,
- in Lehman v. Bair, 1962 and 2 similar citations
While one can cheerfully acknowledge that the Seventh Amendment does not apply to suits against the government, one must also recognize that the Supreme Court in other contexts has urged the federal courts to coordinate litigation to preserve the jury trial right as it applies to claims against individuals (including federal officials
- in Bivens, the Judgment Bar, and the Perils of Dynamic Textualism and 2 similar citations
But however, that may be, instances have not been wanting in the past, both before and after the new civil procedure rules, in which cases against joint defendants have been tried at one time although the verdict must be separately announced by the judge and by the jury as to the respective defendants.
- in Englehardt v. United States, 1947 and one similar citation
Where plaintiff was not entitled to jury trial on cause of action based on violation of McKinney's NY Civil Rights Law but was entitled to jury trial on cause of action for libel, court would empanel jury on cause of action for libel, taking such evidence as was germane to that cause of action and submit it to jury and court would then decide issue raised on the other cause of …
- in The Code of Civil Procedure and one similar citation
Plaintiff by failing to serve demand for jury trial within ten days after service of answer waived right to jury trial on all issues raised by original pleading but plaintiff was entitled to jury trial on issues raised by amended pleading, where demand therefor was served within the ten day period.
- in Federal Practice and Procedure, with Forms: Civil and Criminal and one similar citation
Free joinder and efficient administration can combine to produce but one trial with only the duty of decision divided between judge and jury
- in Equitable Clean-Up and the Jury: A Suggested Orientation and one similar citation
If, for example, a jury had been demanded in the Yellow Cab case, the decision of jury and nonjury issues could have been handled in a manner comparable to that used when issues of law are tried to a jury and issues of an equitable nature in the same case are tried by the court alone
It is clear from the decisions of the federal courts where the identical rule prevails, that once a jury has been waived by failure to make a timely demand, the right to a jury is not automatically revived by filing an amended pleading.
Cited by
368 F. Supp. 265 - Dist. Court, D. Virgin Islands 1973
379 P. 2d 774 - NM: Supreme Court 1963
375 P. 2d 714 - Idaho: Supreme Court 1962
155 F. Supp. 345 - Dist. Court, D. New Jersey 1957
196 F. 2d 906 - Court of Appeals, 5th Circuit 1952
69 F. Supp. 451 - Dist. Court, D. Maryland 1947
N Aggarwal - University of St. Thomas Law Journal, 2011
JE Pfander… - U. St. Thomas LJ, 2010
447 P. 2d 67 - Alaska: Supreme Court 1968
CA Wright - Vand. L. Rev., 1953