The claimant cannot demand a jury trial in Small Claims Court. A defendant, however, may demand a trial by jury any time prior to the day of the hearing. If a defendant demands a jury trial, the defendant must pay a jury fee and file a $50.00 “undertaking” (a security deposit) with the court to guarantee the payment of costs that may be awarded against the defendant. The defendant also is required to submit an affidavit specifying the issues of fact which the defendant desires to have tried by a jury, and stating that such trial is desired and demanded in good faith. If the Judge is satisfied that the defendant’s affidavit presents justification to take a claim out of the small claims part, the judge may order that the case be moved over to the regular civil part of the court, where a jury trial is permitted and where the rules of evidence apply.
If a jury trial is held in the small claims part, your claim will be heard by six jurors. Contact the court clerk regarding the procedures and fees for obtaining a jury trial.
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