Current through Register Vol. 54, No.43, October 26, 2024
Rule 1007.1 - Jury Trial. Demand. Waiver(a)Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.(b)Arbitration Appeal. Where an appeal is taken from an award in compulsory arbitration and a jury trial has not theretofore been demanded, the right to a jury trial shall be deemed waived unless the appellant endorses a demand for a jury trial on the appeal, or unless the appellee files and serves a written demand for a jury trial not later than ten days after being served with the notice of appeal. (c)Withdraw of Demand.(1) A demand for trial by jury may not be withdrawn without the consent of all parties who have appeared in the action.(2) A demand for a trial by jury on behalf of a party shall be deemed withdrawn if at the time a case is called for trial that party, without satisfactory excuse, fails to appear or appears but is not ready. Any other party appearing and ready who has not already demanded a trial by jury shall forthwith demand a trial by jury or shall be deemed to have waived the same.The provisions of this Rule 1007.1 amended through April 23, 1985, effective 7/1/1985, 15 Pa.B. 1727; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2266; amended December 16, 2003, effective 7/1/2004, 34 Pa.B. 9.Amended by Pennsylvania Bulletin, Vol 53, No. 46. November 18, 2023, effective 1/1/2024