A plaintiff beginning a cause under the procedure waives a jury trial. The defendant may have a hearing before the court under the procedure. He or she may, prior to the day upon which he or she is notified to appear, file with the court where the cause is pending a request for a trial by jury and his or her affidavit that there are questions of fact in the cause requiring trial, with specifications thereof, and that such is intended in good faith, together with a jury fee of $10.00 and thereupon at the day set for hearing, trial by jury shall be had as in ordinary cases.
12 V.S.A. § 5535