State Codes and Statutes
Statutes > Kansas > Chapter60 > Article2 > Statutes_2390760-238
60-238. Jury trial of right.(a) Right preserved. The right of trial by jury as declared bysection 5 of the bill of rights in the Kansas constitution, and as given bya statute of the state shall be preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any issuetriable of right by a jury by: (1) Serving upon the other parties a demandtherefor in writing at any time after the commencement of the action andnot later than 10 days after the service of the last pleadingdirected to such issue; and (2) filing the demand as required by K.S.A.60-205 and amendments thereto. Such demand may be indorsed upon a pleading oftheparty.
(c) Same; specification of issues. In the demand aparty mayspecify the issues which the party wishes so tried; otherwise the party shall be deemedto have demanded trial by jury for all the issues so triable. If the party hasdemanded trial by jury for only some of the issues, any other party within 10days after service of the demand or such lesser time as thecourtmay order, may serve a demand for trial by jury of any other or all of theissues of fact in the action.
(d) Waiver. The failure of a party to serve and file a demand asrequired bythis sectionconstitutes a waiverby the party of trial by jury but waiver of a jury trial maybe set aside by thejudge in the interest of justice or when the waiver inadvertently resultswithout serious negligence of the party. A demand for trial by jury made asherein provided may not be withdrawn without the consent of the parties.
History: L. 1963, ch. 303, 60-238;L. 1997, ch. 173, § 21; July 1.
