§ Rule 38(d) Waiver

Codes > Montana Code > Title 25 > Chapter 20 : VI Trials > Rule 38 : Rule 38(d)

Rule 38(d). Waiver

    The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A waiver of trial by jury is not revoked by an amendment of a pleading asserting only a claim or defense arising out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.