Montana Justice and City Court Rules of Civil Procedure R. 15
Rule 15. Right to jury trial.
Terms Used In Montana Justice and City Court Rules of Civil Procedure R
- Docket: A log containing brief entries of court proceedings.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
A. RIGHT PRESERVED. The right of a trial by jury as declared by the constitutions of the United States and the State of Montana or as given by statute must be preserved to the parties inviolate.
B. DEMAND. At any time after the commencement of the action and not later than 5 days after the service of the last pleading directed to the issue, a party may demand a trial by jury, as allowed by law, of any issue of fact by filing in the court and serving upon the other parties a written demand for a jury trial. The demand may be stated in a pleading of the party.
C. HOW WAIVED. A jury may be waived:
(1)by consent of the parties entered in the docket;
(2)by the failure of any party to demand a jury trial under this rule;
(3)by the failure of either party to appear at the time fixed for the trial of an issue of fact.