Legal Question in Civil Litigation in Pennsylvania
Right to Jury Trail
I placed my family home in my name as the trustee of my families estate at the advice of my families attorney. A law suit arose seeking to remove the property from my name to the orignal family member whose name it was in. My defense was ''undue influence.'' In Mar 2002, I was served, and told my attorney I wanted a jury trail. During Oct 2002, a pretrail conference was held. I asked my attorney about the jury trail, and was assured it was requested in Mar 2002. I received a court order dated 19 Nov 2002 denying a jury trail. On 3 Nov 2002, my attorney told me the court date was for 2 Dec 2002, and he would file a motion for a jury trail.
My question is two fold. First: Why didn't I recive the denial for jury trail shortly after I reqeuested it in Mar 2002? Second: If a jury trail is requested in a civil action involving real property, why would it be denied?
1 Answer from Attorneys
Re: Right to Jury Trail
it appears that your action was filed in equity. generaaly equitable actions do not get jury trials. the denial of the request for the trial would be made by the court
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