633.447  Trial and hearing.

The trial of a claim and the offsets or counterclaims, if any, shall be to the court without a jury; provided, however, that the court may, in its discretion, either on its own motion or upon the motion of any party, submit the same to a jury; and provided further, that in the event that the amount of the claim or a counterclaim exceeds the sum of three hundred dollars, either party shall be entitled to a jury trial, if written demand therefor is made as provided in the Rules of Civil Procedure in relation to the trial of ordinary actions.

Section History: Early form

  [C51, § 1360, 1362, 1366; R60, § 2392, 2394, 2398; C73, § 2411, 2415; C97, § 3341, 3344; C24, 27, 31, 35, 39, § 11963, 11966; C46, 50, 54, 58, 62, § 635.59, 635.62; C66, 71, 73, 75, 77, 79, 81, § 633.447]

Internal References

  Referred to in § 633.417, 633.432, 633.666

Footnotes

  See R.C.P. 177


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