60-238. Right of trial by jury; demand; waiver. (a) Right preserved. The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as provided by a state statute, is preserved to the parties inviolate.
(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:
(1) Serving the other parties with a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed to the issue is served; and
(2) filing the demand in accordance with K.S.A. 60-205, and amendments thereto.
(c) Specifying issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may, within 14 days after being served with the demand or within a shorter time ordered by the court, serve a demand for a jury trial on any other or all factual issues triable by jury.
(d) Waiver; withdrawal. A party waives a jury trial unless its demand is properly served and filed, but the court may set aside a waiver of a jury trial in the interest of justice or when the waiver inadvertently results. A proper demand may be withdrawn only if the parties consent.
History: L. 1963, ch. 303, 60-238; L. 1997, ch. 173, § 21; L. 2010, ch. 135, § 107; July 1.
Structure Kansas Statutes
Article 2 - Rules Of Civil Procedure
60-201 Rules of civil procedure; citation; scope.
60-203 Commencement of action.
60-205 Service and filing of pleadings and other papers.
60-207 Pleadings allowed; motions; form.
60-208 General rules of pleadings.
60-209 Pleading special matters.
60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
60-213 Counterclaims and cross-claims.
60-215 Amended and supplemental pleadings.
60-216 Pretrial conferences; case management conference.
60-218 Joinder of claims; contingent claims.
60-219 Required joinder of parties; feasibility.
60-220 Permissive joinder of parties.
60-221 Misjoinder and nonjoinder of parties.
60-223b Actions relating to unincorporated associations.
60-225 Substitution of parties.
60-226 General provisions governing discovery.
60-227 Perpetuation of testimony; petition; order.
60-228 Persons before whom depositions may be taken.
60-228a Uniform interstate depositions and discovery act.
60-229 Discovery procedure; stipulations.
60-230 Depositions by oral examination; requirements; examination; copies; attendance.
60-231 Depositions by written questions.
60-232 Use of depositions in court proceedings.
60-233 Interrogatories to parties.
60-235 Physical and mental examinations.
60-236 Requests for admission.
60-238 Right of trial by jury; demand; waiver.
60-239 Trial by jury or by the court.
60-240 Scheduling cases for trial; continuances.
60-242 Multicounty and multidistrict litigation.
60-243 Testimony of witnesses; evidence.
60-245a Subpoena of nonparty business records.
60-246 Objections to rulings or orders.
60-249 Special verdict; general verdict; written questions.
60-249a Itemized verdict, personal injury actions; jury instructions.
60-250 Judgment as a matter of law; motion for new trial.
60-251 Jury instructions; objections; erroneous instructions.
60-252 Findings and conclusions by the court; judgment on partial findings.
60-252a Trial by the court; judgment, ruling or decision, time limitation.
60-252b Rules of supreme court.
60-258a Comparative negligence.
60-259 New trial; motion to alter or amend judgment.
60-260 Relief from judgment or order.
60-262 Stay of proceedings to enforce judgment.
60-264 Enforcing orders for and against a nonparty; procedure.
60-265 Applicability of article.
60-266 Same; jurisdiction and venue.
60-267 Rules by district courts.
60-270 Retaining original records until case closed.