Hamon Leasing, Inc. v. Continental Cars, Inc.

The legal issue presented here is whether plaintiff timely filed his request for trial by jury.

Plaintiff's initial complaint, filed October 28, 1975, contained no demand for jury. Defendant timely answered the complaint on November 26, 1975, and the parties subsequently engaged in limited discovery. On October 15, 1976, almost one year after the filing of the original complaint, the plaintiff filed an "Amended Complaint" and, for the first time, demanded a trial by jury. Defendant moved to strike the jury demand, alleging:

"Said jury demand was not filed within the time prescribed by Rule 38…