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Colley v. Harbour

Supreme Court of Oklahoma
Nov 29, 2004
104 P.3d 584 (Okla. 2004)

Opinion

No. 101328.

November 29, 2004.


ORDER

¶ 1 Original jurisdiction is assumed. Let the writ of prohibition issue in Andreana Colley, Plaintiff v. Chad Burns, Defendant, Case No. CJ-2003-2518, whereby the Honorable David M. Harbour, District Court of Oklahoma County, is directed not to enforce the order of July 1, 2004, requiring the plaintiff to prepay the cost of a jury trial, pursuant to 28 O.S. § 152.1[ 28-152.1](7), when only the defendant demanded the jury trial.

¶ 2 We hold that in civil cases where litigants are entitled to a jury trial, the party demanding the jury trial is obligated to prepay the cost required in 28 O.S. § 152.1[ 28-152.1](7). See Barnes v. Smith, 1937 OK 26, 64 P.2d 1217, 1218 (the right to a civil jury trial may be exercised at the option of a party willing to bear the statutory expense).

¶ 3 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 29TH DAY OF NOVEMBER, 2004.

¶ 4 OPALA, V.C.J., LAVENDER, KAUGER, WINCHESTER, EDMONDSON, TAYLOR, COLBERT, JJ., concur.

¶ 5 HARGRAVE, J., disqualified.


Summaries of

Colley v. Harbour

Supreme Court of Oklahoma
Nov 29, 2004
104 P.3d 584 (Okla. 2004)
Case details for

Colley v. Harbour

Case Details

Full title:Andreana COLLEY, Petitioner, v. The Honorable David M. HARBOUR, Judge of…

Court:Supreme Court of Oklahoma

Date published: Nov 29, 2004

Citations

104 P.3d 584 (Okla. 2004)
2004 OK 90

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