Action to be tried without jury unless jury required in interests of justice
76A Action to be tried without jury unless jury required in interests of justice
An action is to be tried without a jury, unless the Court orders otherwise.
The Court may make an order under subsection (1) that an action is to be tried with a jury if—
any party to the action—
files, within the prescribed time, a requisition for trial with a jury, and
pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005, and
the Court is satisfied that the interests of justice require that the action be tried by a jury.
A fee paid under this section is to be treated as costs in the action, unless the Court orders otherwise.
This section does not apply to any action for defamation.
Note.
Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation actions.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- District Court Rules 1973 · Regulation
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