PROBATE COURTS AND DECEDENTS' ESTATES
JUDGES OF PROBATE AND THEIR JURISDICTION
547:11-d Transfer to Superior Court.
In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a plaintiff desiring a jury trial shall file the action in the superior court, and filing the action in the probate court where there is concurrent jurisdiction shall constitute a waiver of a jury trial by the plaintiff. If the defendant desires a jury trial, the defendant shall indicate the request for a jury trial at the time of the defendant's initial pleading with the court. Failure to timely request a jury trial shall constitute a waiver by the defendant thereof. If a jury trial is requested by the defendant, the matter shall be transferred to the superior court.
Source. 1992, 284:51, eff. Jan. 1, 1993. 2011, 88:11, eff. July 1, 2011.