N.Y. SCP Law § 502 — New York Code / Act SCP / Article 5 / Section 502
Trial by jury; waiver or withdrawal 1
Status: in_force

§ 502. Trial by jury; waiver or withdrawal\n  1. Right to jury trial. A party is entitled to trial by jury, if duly\ndemanded, in any proceeding in which any controverted question of fact\narises as to which any party has a constitutional right of trial by\njury, in any proceeding for the probate of a will in which a\ncontroverted question of fact arises, and in any proceeding commenced\nafter the death of the creator of a revocable lifetime trust to contest\nthe validity of such trust in which a controverted question of fact\narises.\n  2. Demand for jury.\n  (a) Cases initiated in the court. Each respondent demanding a jury\ntrial must do so in his answer or objections. A petitioner who desires a\njury trial must, without regard to whether or not an answering or\nobjecting respondent has made such demand, serve and file in his own\nbehalf a demand for jury trial within 6 days after the service upon him\nof an answer or objections.\n  (b) Cases transferred to the court. In an action transferred to the\ncourt under 501, subdivision 1, a party who has duly demanded a trial by\njury in the court from which the case is transferred shall be deemed to\nhave duly demanded it in this court. If the party moving such transfer\nhas not so demanded a trial by jury and shall not have waived such right\nor his time to make such demand has not expired he shall do so in his\nmoving papers. Any other party to the transferred action who has not\ndemanded a trial by jury in the court from which the case is transferred\nand shall not have waived such right or his time to make such demand has\nnot expired must serve and file with this court a demand for a trial by\njury within 10 days after the service upon him of a copy of the order of\ntransfer with notice of entry thereof.\n  3. Jury fee. The jury fee shall be paid by each party who demands a\ntrial by jury.\n  4. Order framing issues. After joinder of issue an order framing the\nissues to be tried shall be submitted on notice by any party. The court\nmay direct any party to submit an order framing issues. The court shall\nmake an appropriate order, a copy of which shall be served by the party\nsubmitting it on all parties who have appeared and pleaded.\n  5. Waiver or withdrawal.\n  (a) Waiver. A party waives the right to a trial by jury by:\n  (i) failing to make a demand under subdivision 2;\n  (ii) failing to appear at the trial;\n  (iii) filing a waiver signed by him or his attorney with the clerk of\nthe court; or\n  (iv) orally waiving a trial by jury in open court or at any pre-trial\nconference, if entered in the minutes taken at the time.\n  (b) Withdrawal. A party may withdraw a demand for a trial by jury\nwithout the consent of the other parties.\n  6. Advisory jury. The court may submit any issue of fact to an\nadvisory jury as provided in the CPLR. Upon the motion of any party or\non its own initiative the court may confirm or reject in whole or in\npart the verdict of an advisory jury; may make new findings with or\nwithout taking additional testimony and may order a new trial. The\nmotion shall be made within 15 days after the verdict. Where no issues\nremain to be tried the court shall file its decision in writing.\n  7. The court may direct that any jury trial be had before it or at a\ntrial term of the supreme court to be held within the county or if there\nbe a county court in such county, in that court. The verdict if not set\naside by the court before which the question is tried, shall be\ncertified to the surrogate's court by the clerk of the court in which\nthe trial took place and shall be conclusive except upon appeal.\n