Duncan v. Shiprock District Court

Opinion delivered by

FERGUSON, Acting Chief Justice.

This case concerns the right to a jury trial for counterclaims in a repossession case. We previously issued an alternative writ of mandamus staying the case. We now issue a permanent writ compelling the Shiprock District Court to allow a jury trial on the counterclaims.

I

The relevant procedural history is as follows. This case began with the filing of Real Party in Interest Green Tree’s petition in Shiprock District Court for repossession of a mobile home allegedly owned by Petitioner (Duncan).1 Duncan filed an answer to the petition, and…