Penn v. Penn

MEMORANDUM OPINION

Whether a timely demand for a jury trial in an action for divorce entitles a party to a jury trial is the issue before the court.

I

Plaintiff, Nathalie Penn, filed a complaint for a divorce on October 5, 1977. By answer dated November 28, 1977, the defendant demanded a jury trial of the issues in this cause. Plaintiff filed a reply opposing defendant’s demand for a trial by jury on the grounds “that this is an equity matter and defendant is not entitled to a jury as a right; that if a jury were granted by the court in its discretion in this matter, plaintiff’s right to a…