In the Superior Court a docket shall be kept of all cases. In such docket immediately following the names of the parties and their attorneys in all jury cases shall be entered the word “jury”. The following-named classes of cases shall be entered in the docket as jury cases upon the written request of either party made to the clerk within thirty days after the return day: Appeals from probate involving the validity of a will or paper purporting to be such, appeals from the actions of commissioners on insolvent estates, and, except as hereinafter provided, civil actions involving such an issue of fact as, prior to January 1, 1880, would not present a question properly cognizable in equity, except that there shall be no right to trial by jury in civil actions in which the amount, legal interest or property in demand does not exceed two hundred fifty dollars or in a summary process case. When, in any of the above-named cases an issue of fact is joined, the case may, within ten days after such issue of fact is joined, be entered in the docket as a jury case upon the request of either party made to the clerk; and any such case may at any time be entered in the docket as a jury case by the clerk, upon written consent of all parties or by order of court. All issues of fact in any such case shall be tried by the jury, provided the issues agreed by the parties to be tried by the court may be so tried. All cases not entered in the docket as jury cases under the foregoing provisions, including actions in which an account is demanded and judgment rendered that the defendant shall account, writs of habeas corpus and ne exeat, complaints for dissolution of marriage and all other special statutory proceedings which, prior to January 1, 1880, were not triable by jury, shall be entered on the docket as court cases, and shall, with all issues of law and issues of fact, other than those hereinbefore specified, which may be joined in actions entered on the docket as jury cases, be disposed of as court cases.

(1949 Rev., S. 7936; 1953, S. 3178d; 1959, P.A. 28, S. 115; 1967, P.A. 33, S. 1; 1971, P.A. 40, S. 5; P.A. 74-183, S. 88, 291; P.A. 76-436, S. 132, 681; P.A. 82-160, S. 104.)

History: 1959 act substituted circuit court for city court, latter having been abolished; 1967 act added language “in any civil case triable by jury under the provisions of section 51-266”, allowing entrance of such cases in docket as jury cases when an issue of fact is joined; 1971 act deleted references to presumption that requests for jury trial are requests for six-person jury unless jury of twelve is specifically requested; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions to court of common pleas and clarified applicability re civil actions by adding exception specifying that there is no right to jury trial where amount, legal interest or property in demand is $250 or less or in summary process cases and by deleting reference to civil cases triable by jury under Sec. 51-266, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, and substituted “dissolution of marriage” for “divorce” where appearing, effective July 1, 1978; P.A. 82-160 deleted from the list of court cases “actions wherein the plaintiff sues for a debt due by book to balance books accounts” and “prohibition”, and made minor technical changes.

Appeal from doings of commissioners; time within which case must be placed on the jury docket. 54 C. 523. The 10 days run from the joinder of an issue of fact. 72 C. 96. Time de placing case on jury docket applies to bastardy proceedings. 73 C. 248. Historical review of right. 75 C. 218. In statutory action to remove cloud from title; 78 C. 100; 90 C. 133; in eminent domain. 76 C. 435. No jury trial proper in proceedings to remove municipal officer; 81 C. 585; or appeal from probate; 90 C. 49; or book debt. 78 C. 649. Of claiming cases in general. 72 C. 96; 75 C. 608; 80 C. 493. Applies to bastardy action. 73 C. 247. Claiming after decision on demurrer causing delay; 74 C. 475; after 30-day period but before issue joined; 80 C. 493; cannot be claimed after Supreme Court orders new trial. 91 C. 703. Where no claim properly made, opponent has absolute right to court trial. 81 C. 451. If issue joined within 30 days, time not extended by 10-day provision. 75 C. 609. If equitable issues tried to court are conclusive, jury trial of legal issues may be refused. 73 C. 486. Former provision requiring notice as to issues to be tried to jury. 83 C. 109; 85 C. 162; 89 C. 212; 90 C. 133; Id., 633; 91 C. 217. Discretion of court to order issues to the jury. 90 C. 624. Allowance of amendment after trial begun, merely changing date, does not give further right to claim case for jury; waiver of right. 95 C. 576. Case entered upon jury docket can be tried by court only by agreement of counsel or, in part, by discretion of court. 97 C. 718. When legal issues should be tried first; use of special interrogatories to enable jury to determine issues of fact. 98 C. 222. Cited. 113 C. 609; 114 C. 231. Contractor who had filed claim in receivership action not entitled to jury trial on cross complaint by receiver for balance of stock subscription. 117 C. 445, 454. Court has no greater latitude in testing justification for verdict in appeal from probate than in ordinary case where right to jury is constitutional. 126 C. 296. Jury may be claimed within 10 days after issue joined on complaint amended after original pleadings had been closed. 127 C. 332. Where essential basis of action is such that the issues are properly cognizable at law, either party has right to have legal issues tried to jury, even though equitable relief is asked; as where controlling issue is based on claimed legal title to real estate. 128 C. 307. Action for declaratory judgment is special statutory proceeding within section; where in reality complaint seeks advice of court of equity as to duties of trustees, no right to jury. 131 C. 312. Actions for declaratory judgments were created by statute in 1921 and should be entered upon the court docket. 135 C. 294. Test is not whether issue is statutory but if it is of same nature or such as prior to 1818 would have been triable by a jury. 143 C. 159. Whether a party has waived his right to a jury trial presents a question of fact for the trial court. 147 C. 153. Cited. Id., 423. Since claim for trial by jury made after time permitted but prior to joining issues in the third party action, there was continuing authority to the clerk to place the cause on the jury docket when the issues therein were joined. 165 C. 729. Cited. 169 C. 66. Court order denying motion to strike case from jury docket has same effect as having cause entered on jury docket by court order pursuant to section. 171 C. 5, 7. Running of 10-day period after issue of fact is joined discussed. 195 C. 333. Cited. 197 C. 34; 200 C. 482; 211 C. 370; 214 C. 464; 216 C. 40; 218 C. 386; 230 C. 148; 233 C. 905; 238 C. 282. Inverse condemnation action has no common law analogue that was triable to a jury prior to 1818, its nearest historical analogue, eminent domain, gives rise to a proceeding in equity, therefore there is no right to jury trial for cause of action based on inverse condemnation. 262 C. 45.

Cited. 1 CA 511; 6 CA 576; 15 CA 297; 23 CA 287; 28 CA 693; 37 CA 162; 40 CA 261. Court did not improperly deny jury trial as to an interpleader. 87 CA 337. Section is not unconstitutional in denying right to trial by jury in summary process cases. 135 CA 831. Having failed to comply with either of the time periods set out in section, plaintiff waived right to claim her original action to the jury docket, and defendant acquired the right to have the parties' dispute decided by the trial court, subject to the court exercising its discretion to order a jury trial; court abused its discretion by denying defendant's motion to restore original action to the docket where plaintiff withdrew original action and filed a second identical action to avoid her failure to comply with section and to undo her waiver of right to have matter placed on jury docket. 163 CA 100.

Action for accounting should be tried to court and not to jury notwithstanding issues of law are presented. 6 CS 193. Allowance of amendment does not enlarge period in which a case may be claimed for the jury docket. 8 CS 32, but see 12 CS 218. Jury trial is authorized in an appeal from the doings of commissioners on a solvent estate of a deceased person. 10 CS 1, but see 15 CS 415. Action by state for care and treatment of a patient is a special statutory proceeding which came into existence after January 1, 1880, and should be entered on the jury docket. Id., 369. Cited. 12 CS 218; 14 CS 410. If plaintiff claims an indebtedness which could be determined in an action at law, case cannot be stricken from jury docket. 18 CS 173. Claims of undue influence and incapacity in execution of a deed are triable by jury as of right in ejectment. 20 CS 13. Cited. 21 CS 160; 23 CS 145. A plea in abatement is not a “civil action” but a procedural part thereof and therefore may not be heard by a jury. 32 CS 245. Since any liability of a town for hospital services is statutory and did not exist prior to January 1, 1880, an action should be entered on the docket as a court case. Id., 272. Cited. 35 CS 549. If a new issue of fact is joined, either by amended complaint or amended answer or special defense, it should revive a right of election for jury trial. 36 CS 343. Cited. 37 CS 883; 44 CS 411.