76AAction to be tried without jury unless jury required in interests of justice

76A Action to be tried without jury unless jury required in interests of justice

76A Action to be tried without jury unless jury required in interests of justice

(1) An action is to be tried without a jury, unless the Court orders otherwise.

(2) The Court may make an order under subsection (1) that an action is to be tried with a jury if—

(a) any party to the action—

(i) files, within the prescribed time, a requisition for trial with a jury, and

(ii) pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005, and

(b) the Court is satisfied that the interests of justice require that the action be tried by a jury.

(3) A fee paid under this section is to be treated as costs in the action, unless the Court orders otherwise.

(4) This section does not apply to any action for defamation.

Note.

Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation actions.

s 76A: Ins 2001 No 124, Sch 1 [1]. Am 2002 No 136, Sch 2.1 [1]; 2005 No 28, Sch 5.12 [20]; 2005 No 77, Sch 6.4 [2].

s 76A, note: Ins 2005 No 77, Sch 6.4 [2].