Court of Appeals Reaffirms Trial Courts’ Discretion to Empanel a Jury Absent Attorney Compliance with MCR 2.508’s Requirements

A jury demand is one of the most important aspects of litigation. Indeed, it is a fundamental aspect of our judicial system. Yet, in civil litigation, litigants too often fail to satisfy the requirements of MCR 2.508 when requesting a jury trial. Three simple things must be done to properly demand a jury trial: (1) file the demand in writing within 28 days of the answer, (2) file the demand as a separate document, and (3) pay the jury fee. MCR 2.508(B). A recent published decision from the Court of Appeals Nickgrace v Gurgul shows that when these requirements are not followed, the trial court still retains discretion to empanel a jury. But that discretion is subject to considerations such as the ease of which the defect can been discovered, whether simply inquiry with the clerk would have uncovered the defect, which party the defects were most apparent to, and party culpability. Id., slip op. 5. Although the Court saved the litigant’s desire for a jury trial for determination on remand, this decision is as a stark reminder to comply with MCR 2.508’s requirements, and to make an early inquiry with the court clerk to confirm the jury fee has been paid. If the fee has not been paid, pay it before it’s too late.