Jury Waiver
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Statutes
A party waives a jury trial unless its demand is properly served and filed. A party may not revoke a waiver of a jury trial by amending a pleading that asserts only a claim or defense arising out of the conduct, transaction, or occurrence described in the original pleading. A proper demand may be withdrawn only if the parties consent. (Rule 38, N.D.R.Civ.P.) Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded. (Rule 39, N.D.R.Civ.P.)
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