25-34-301. Jury -- waiver -- request. The plaintiff, by filing the affidavit for a proceeding in small claims court, waives the right to jury trial. Defendant may request a jury, provided such request is made not less than 48 hours prior to the date set for hearing. If defendant pleads a counterclaim or setoff, he too waives a jury trial. If a jury is requested, it shall be impaneled in the same fashion as provided for district court juries in civil cases involving less than $10,000.

     History: En. 93-340 by Sec. 19, Ch. 519, L. 1975; R.C.M. 1947, 93-340.