Current through 2020 Kansas Acts, Chapter 21 and 2020SP1 Kansas Acts, Chapter 3
Section 60-238 - Right of trial by jury; demand; waiver(a)Right preserved. The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as provided by a state statute, is preserved to the parties inviolate.(b)Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) Serving the other parties with a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed to the issue is served; and(2) filing the demand in accordance with K.S.A. 60-205, and amendments thereto.(c)Specifying issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may, within 14 days after being served with the demand or within a shorter time ordered by the court, serve a demand for a jury trial on any other or all factual issues triable by jury.(d)Waiver; withdrawal. A party waives a jury trial unless its demand is properly served and filed, but the court may set aside a waiver of a jury trial in the interest of justice or when the waiver inadvertently results. A proper demand may be withdrawn only if the parties consent.Amended by L. 2010, ch. 135,§ 107, eff. 7/1/2010.L. 1963, ch. 303, 60-238; L. 1997, ch. 173, § 21; July 1.