Acts and Regulations

Rule-46 - TRIAL BY JURY

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Current to 1 January 2024
SETTING ACTIONS DOWN FOR TRIAL
RULE 46
TRIAL BY JURY
46.01Actions to be Tried with a Jury
(1)If the questions in issue in an action are more fit for trial by a jury than by a judge, the court may, on motion by any party, order trial by jury.
(2)An action for
(a) libel,
(b) slander,
(c) breach of promise of marriage,
(d) Repealed: 87-111
(e) Repealed: 87-111
(f) malicious arrest,
(g) malicious prosecution, or
(h) false imprisonment
shall be tried by jury if a party, not less than 14 days before the Motions Day at which the action is to be set down for trial, serves on every other party and files with the clerk a Jury Notice (Form 46A) requiring trial by jury.
(3)When an order is made under Rule 47.03 that different questions or issues be tried at different times, the court may order that they be tried by different modes of trial.
(4)When a jury is required, the judge who fixes the trial date shall direct the sheriff to summon a jury panel.
87-111