§ 1806-A. Trial by jury; how obtained; discretionary costs. A claimant
commencing an action upon a commercial claim under this article shall be
deemed to have waived a trial by jury, but if said action shall be
removed to a regular part of the court, the claimant shall have the same
right to demand a trial by jury as if such action had originally been
begun in such part. Any party to such action, other than the claimant,
prior to the day upon which he is notified to appear or answer, may file
with the court a demand for a trial by jury and his affidavit that there
are issues of fact in the action requiring such a trial, specifying the
same and stating that such trial is desired and intended in good faith.
Such demand and affidavit shall be accompanied with the jury fee
required by law and an undertaking in the sum of fifty dollars in such
form as may be approved by the rules, payable to the other party or
parties, conditioned upon the payment of any costs which may be entered
against him in the said action or any appeal within thirty days after
the entry thereof; or, in lieu of said undertaking, the sum of fifty
dollars may be deposited with the clerk of the court and thereupon the
clerk shall forthwith transmit such original papers or duly attested
copies thereof as may be provided by the rules to the part of the court
to which the action shall have been transferred and assigned and such
part may require pleadings in such action as though it had been begun by
the service of a summons. Such action may be considered a preferred
cause of action. In any commercial claim which may have been transferred
to another part of the court, the court may award costs up to
twenty-five dollars to the claimant if the claimant prevails.