NSW UCPR [Form 23B] Requisition for Trial by Jury

New South Wales

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When is a NSW UCPR [Form  23B] Requisition for Trial by Jury used?

For Defamation Proceedings please use NSW UCPR [Form  23A] Notice of Intention to Elect Trial by Jury in Defamation Proceedings.

Applications & requisitions for juries in proceedings other than defamation proceedings

See UCPR 29.2.

(1) This rule applies to proceedings other than defamation proceedings.
(2) An application in proceedings to which this rule applies for the proceedings to be tried by jury MUST be made by Notice of Motion.
(3) For the purposes of section 85 of the Supreme Court Act 1970 and section 76A of the District Court Act 1973 , a requisition for a jury in proceedings to which this rule applies MUST be filed at the same time as the Notice of Motion referred to in subrule (2) is filed.
(4) Unless the court otherwise orders, a Notice of Motion under subrule (2) MUST be filed--
(a) if the notice is filed by the plaintiff--(i) within 56 days after service on the defendant of the statement of claim, or
(ii) if a defence is served on the plaintiff within that period, within 28 days after service of the defence on the plaintiff, or
(b) if the notice is filed by the defendant--(i) within 28 days after service on the defendant of the statement of claim, or
(ii) if, pursuant to rule 14.3, the court directs some other date for the filing of a defence, within 28 days after the date fixed by the court's direction.

Fees Charged for Jury Trials

See the Civil Procedure Regulation 2017 (NSW) for information about the fees charged for jury trials.

Document Overview:

✅ 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.

Legal Advice Recommended

The preparation and filing of a Notice of Motion together with this Requisition for Trial by Jury 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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