Rule 5 - Limited Availability of Jury Trial(a)To plaintiff. A plaintiff is deemed to have waived trial by jury on any claim in an action brought under these rules. (b)To defendant. If a defendant files with the clerk, on or before the deadline for filing an answer to a small claim, a written request for trial by jury accompanied by an affidavit, reciting specific factual issues requiring resolution and that the affidavit is intended in good faith, and pays the jury fee specified in a current schedule published by the Court Administrator, the defendant will be entitled to have a trial by jury governed by the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence. A defendant is deemed to have waived trial by jury on a counterclaim by asserting the counterclaim under these rules. Vt. R. Small. Claims. P. 5
Adopted Mar. 6, 2002, eff. 9/1/2002.