Nassif Realty Corp. v. National Fire Insurance

The questions presented in this case are (1) the validity of Rule 5 of the Superior Court which provides that a jury trial is waived unless a timely request is made therefore; and (2) whether the Trial Court’s denial of the plaintiff’s motion to place the case on the jury list was erroneous. Superior Court Rule 5, effective August 31, 1963 (RSA 491 App R 5 (supp)) reads as follows: “A party desiring a trial by jury shall, if plaintiff, so indicate upon the writ at the time of entry, and, if defendant, upon the initial appearance card at the time of filing thereof. Failure to request a jury…