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](/view/html/inforce/current/act-2005-028), 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](/view/html/inforce/current/act-2005-077) 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 \[2\].