Rule 38. Jury trial of right. - North Carolina Statutes

Article6.

Trials.

Rule 38. Jury trial of right.

(a)        Right preserved. –The right of trial by jury as declared by the Constitution or statutes of NorthCarolina shall be preserved to the parties inviolate.

(b)        Demand. – Any partymay demand a trial by jury of any issue triable of right by a jury by servingupon the other parties a demand  therefor in writing at any time aftercommencement of the action and not later than 10 days after the service of thelast pleading directed to such issue. Such demand may be made in the pleadingof the party or endorsed on the pleading.

(c)        Demand –Specification of issues. – In his demand a party may specify the issues whichhe wishes so tried; otherwise, he shall be deemed to have demanded trial byjury for all the issues so triable. If a party has demanded trial by jury foronly some of the issues, any other party within 10 days after service of thelast pleading directed to such issues or within 10 days after service of thedemand, whichever is later, or such lesser time as the court may order, mayserve a demand for trial by jury of any other or all of the issues in theaction.

(d)        Waiver. – Except inactions wherein jury trial cannot be waived, the failure of a party to serve ademand as required by this rule and file it as required by Rule 5(d)constitutes a waiver by him  of trial by jury. A demand for trial by jury asherein provided may not be withdrawn without the consent of the parties whohave pleaded or otherwise appear in the action.

(e)        Right granted. –The right of trial by jury as to the issue of just compensation shall begranted to the parties involved in any condemnation proceeding brought bybodies politic, corporations or persons which possess the power of eminentdomain. (1967, c. 954, s. 1; 1973, c. 149.)