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 A proper demand may be withdrawn only if the parties consent.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.
Notes of Decisions
Wagher v. Guy's Foods, Inc., 885 P.2d 1197 (Kan. 1994).
· cites it 10× “44-1011(b) provides for a jury trial for KAAD complainants who demand a jury in accordance with K.S.A. 60-238. K.S.A. 44-1011(b)(3) provides in pertinent part as follows: “Any action of the commission pursuant to the Kansas act against discrimination is subject to review in…”
Nurge v. Univ. of Kansas Med. Ctr., 674 P.2d 459 (Kan. 1983).
· cites it 10× “" The court shall hear the appeal by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and the court may, in its discretion, permit any party or the commission to submit additional evidence on any issue.”
Woods v. Midwest Conveyor Co., 648 P.2d 234 (Kan. 1982).
· cites it 4× “The statute also provides for review as follows: "The court shall hear the appeal by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and the court may, in its *774 discretion, permit any party or the commission to submit additional…”
Waggener v. Seever Sys., Inc., 664 P.2d 813 (Kan. 1983).
· cites it 3× “1949, 60-2903 and in analyzing K.S.A. 60-238 states as follows: “ ‘There is now no general statute defining what issues are triable to a jury as a matter of right and which are not.”
Ben J. v. City of Salina, 208 P.3d 739 (Kan. 2009).
· cites it 2× “44-1011, the Stephens court concluded that "when the legislature called for a trial de novo (`with or without a jury in accordance with the provisions of K.S.A. 60-238') it meant a trial where the issues of both fact and law would be determined anew.”
Cott v. Peppermint Twist Mgmt. Co., 856 P.2d 906 (Kan. 1993).
· cites it 2× “On appeal, Peppermint Twist claims a nonunanimous verdict, as authorized by 60-248(g), violates § 5 of the Kansas Constitution Bill of Rights and is in conflict with K.”
Stephens v. Unified Sch. Dist. No. 500, 546 P.2d 197 (Kan. 1975).
· cites it 3× “It goes on to provide in part: "The court shall hear the appeal by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and the court may, in its discretion, permit any party or the commission to submit additional evidence on any issue.”
Koerner v. Custom Components, Inc., 603 P.2d 628 (Kan. Ct. App. 1979).
· cites it 3× “In our opinion, it parallels the provisions of K.S.A. 60-238 and 60-239, but is in somewhat more abbreviated language.”
Jensen Int'l, Inc. v. Kelley, 32 P.3d 1205 (Kan. Ct. App. 2001).
· cites it 3× “60-257 provides: “The procedure for obtaining a declaratory judgment pursuant to article 17 of this chapter, shall be in accordance with this article, and the right to trial by jury may be demanded under the circumstances and in the manner provided in K.S.A. 60-238 and 60-239.”…”
In Re Petition of City of Moran, 713 P.2d 451 (Kan. 1986).
· cites it 2× “The Bank argues that the trial court’s procedure deprived it of the right to trial by jury as provided under K.S.A. 60-238 and 60-239. The right to a jury trial in a civil proceeding in Kansas is not absolute.”
State v. Patton, 120 P.3d 760 (Kan. 2005).
“Kansas Constitution Bill of Rights, § 5; see K.S.A. 1999 Supp. 60-238. The district judge under K.”
First Nat'l Bank of Olathe v. Clark, 602 P.2d 1299 (Kan. 1979).
“K.S.A. 60-238(a) provides: “The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, and as given by a statute of the state shall be preserved to the parties inviolate.”
— K.S.A. § 60-238(a) — 3 cases
First Nat'l Bank of Olathe v. Clark, 602 P.2d 1299 (Kan. 1979).
“K.S.A. 60-238(a) provides: “The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, and as given by a statute of the state shall be preserved to the parties inviolate.”
Waggener v. Seever Sys., Inc., 664 P.2d 813 (Kan. 1983).
“1949, 60-2903 and in analyzing K.S.A. 60-238 states as follows: “ ‘There is now no general statute defining what issues are triable to a jury as a matter of right and which are not.”
— K.S.A. § 60-238(b) — 1 case
— K.S.A. § 60-238(c) — 1 case
Nurge v. Univ. of Kansas Med. Ctr., 674 P.2d 459 (Kan. 1983).
“" The court shall hear the appeal by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and the court may, in its discretion, permit any party or the commission to submit additional evidence on any issue.”
— K.S.A. § 60-238(d) — 4 cases
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