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s 21

Election for defamation proceedings to be tried by jury

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21 Election for defamation proceedings to be tried by jury

(1)

Unless the court orders otherwise, a plaintiff or defendant in defamation proceedings may elect for the proceedings to be tried by jury.

(2)

An election must be —

(a)

made in accordance with rules of court; and

(b)

accompanied by any relevant fee prescribed by a written law.

(3)

Without limiting subsection (1), a court may order that defamation proceedings are not to be tried by jury if —

(a)

the trial requires a prolonged examination of records; or

(b)

the trial involves any technical, scientific or other issue that cannot be conveniently considered and resolved by a jury.

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