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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) In all tort cases where the defendant defaults by failing to file an answer in the time and manner provided by law, the failure to file the answer in the time and manner provided by law shall constitute a waiver of the right to a trial by jury on the issue of damages.
(b) In all tort cases where the defendant answers in the time and manner provided by law but fails to appear and defend the cause in the time and manner provided by law, the failure to appear and defend in the time and manner provided by law shall constitute a waiver of the right to a trial by jury on the issue of damages.
(c) Where the defendant in a tort case has waived his right to a trial by jury and the plaintiff so requests, the issue of damages may be tried before the court sitting as a jury.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-64-105. Tort cases--Waiver of jury - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-64-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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