requested.
(1) All claims in the small claims division shall be tried without a jury. Upon filing a claim, the plaintiff shall be deemed to have waived his right to a jury trial in the division. This waiver shall be explained on the claim form provided by the clerk.
(2) If the defendant in any action desires a jury trial, he shall give written notice to the division at least seven (7) days prior to the time set for the hearing, and the case shall be removed to the regular docket of the District Court, and shall thereafter be subject to all the provisions of law and rules of court applicable to proceedings in the District Court. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 463, sec. 2, effective July 13, 1990. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 9, sec. 14.
Notes of Decisions
Cited in
2
cases, 1983–2005 · leading case:
Miller v. Jones, 658 S.W.2d 888 (Ky. Ct. App. 1983).
Miller v. Jones, 658 S.W.2d 888 (Ky. Ct. App. 1983).
“310) and the means to accomplish this (KRS 24A.320), but in that event “it shall be removed from the division to the district court” (KRS 24A.”
Campbell v. Crager, 167 S.W.3d 669 (Ky. Ct. App. 2005).
· cites it 2× “The statute in issue here, KRS 24A.320, unequivocally states that a motion to remove a case to district court must be in writing, and must be filed at least seven days prior to the time set for hearing.”
— Ky. Rev. Stat. § 24A.320(2) — 1 case
Campbell v. Crager, 167 S.W.3d 669 (Ky. Ct. App. 2005).
“The statute in issue here, KRS 24A.320, unequivocally states that a motion to remove a case to district court must be in writing, and must be filed at least seven days prior to the time set for hearing.”
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