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     Rule 15. Right to jury trial.
      A. RIGHT PRESERVED. The right of a trial by jury as declared by the constitutions of the United States and the State of Montana or as given by statute must be preserved to the parties inviolate.
      B. DEMAND. At any time after the commencement of the action and not later than 5 days after the service of the last pleading directed to the issue, a party may demand a trial by jury, as allowed by law, of any issue of fact by filing in the court and serving upon the other parties a written demand for a jury trial. The demand may be stated in a pleading of the party.
      C. HOW WAIVED. A jury may be waived:
     (1) by consent of the parties entered in the docket;
     (2) by the failure of any party to demand a jury trial under this rule;
     (3) by the failure of either party to appear at the time fixed for the trial of an issue of fact.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.

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