Legal Question in Civil Litigation in Ohio

Missed Demand for Jury 14 day Deadline

I filed a jury demand after the deadline (14 days after the last pleading, I filed the motion about 30 days after), and the Plantiff has filed a motion to strike against it for that reason. I will be filing a response to that motion to strike; in this, do I ask for a leave of court tp grant a jury? If not, how do I get a jury even though I missed the deadline.


Asked on 11/25/03, 10:30 am

1 Answer from Attorneys

Steven Martinek Steven Martinek Lawyer Ltd.

Re: Missed Demand for Jury 14 day Deadline

It sounds as though you are representing yourself. Your instinct to appeal to the discretion of the Court is a good one. The civil rules provide that your failure to make a timely demand for a jury will be deemed a waiver of your right to a jury. You should be prepared to persuade the Court this was not your intent, rather it was due to excusable inadvertence which you tried to immediately remedy. Also demonstrate to the Court that the Plaintiff will not have been disadvantaged by the 16 day delay, and that the particular issues, or extent of damages, in the case are largely fact-driven thus better left to a jury. Still, it is a discretion call by the Judge. (Generally, jury trials are thought to benefit the Plaintiff more than the Defendant. Are you certain you want a jury?)

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Answered on 11/25/03, 11:17 am


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