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COUNTY COURT ACT 1958 - SECT 72 Jury may be had on re-hearing of County Court proceeding in Supreme Court

COUNTY COURT ACT 1958 - SECT 72

Jury may be had on re-hearing of County Court proceeding in Supreme Court

S. 72(1) amended by Nos 110/1986 s. 140(2), 19/1989 s. 11(l)(i)(ii), 24/2008 s. 68.

    (1)     When any party to any civil proceeding has appealed from any judgment or order to the Court of Appeal and a re-hearing of the proceeding has been directed before the Supreme Court constituted by a Judge of the Court, any of the parties thereto shall be entitled (if the case was in the County Court tried before a jury or if the Court of Appeal at the time of directing the re-hearing so orders) if the party so desires to have such re-hearing before the Supreme Court so constituted and a jury of six persons.

S. 72(2) amended by No. 110/1986 s. 140(2).

    (2)     The plaintiff may have a jury by giving the prothonotary and the defendant a notice in writing to the effect that he requires a jury when giving notice of trial and by paying the proper jury fees.

S. 72(3) amended by No. 110/1986 s. 140(2).

    (3)     The defendant may have a jury by giving the prothonotary and the plaintiff within four days after receiving notice of trial notice in writing to the effect that he requires a jury and by paying the proper jury fees.

Part VI—Judgment, new trial and appeal

No. 6117 s. 73.