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UCPR Rule 29.2A provides that an election for defamation proceedings to be tried by jury MUST be made by filing a Notice of Election for a Jury Trial and serving the notice on each other active party in the proceedings.
A party may file and serve a Notice of Election for a Jury Trial only if (see UCPR 29.2A(2):
(a) the party has served a Notion of Intention to File the Notice of Election on each other active party BEFORE a date has been fixed for the hearing; and
(b) a Notice of Motion has not been filed by the other active parties seeking an order that the proceedings not be tried by jury (such notice must be made within 21 days of being served with the notice of intention), OR if such a Notice of Motion has been filed, the court has refused to make the order sought.
A party who serves a Notice of Intention to Elect Trial by Jury MUST inform the court that the notice has been served before a date has been fixed for the hearing (UCPR 29.2A(3)).
An application for proceedings other than defamation proceedings to be heard by jury must be made by Notice of Motion. (see UCPR 29.2).
Such applications are extremely rare.
See the Civil Procedure Regulation 2017 (NSW) for information about the fees charged for jury trials.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;
✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
The preparation of a Notice of Intention to Elect Trial by Jury in Defamation Proceedings has important strategic legal implications.
In short, due to the complexities involved:
➲ We recommend you contact our legal team to obtain legal advice and guidance.
Important Notes:
The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.
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