§ 1303. Jury trials; how obtained; jury fee.

(a) If the defendant appears before the clerk to answer in person, he
shall demand a jury trial, if desired, at that time. If he does not do
so, any other party may demand trial by jury by mailing such a demand to
the clerk and all other parties within three days after receiving notice
of the trial date as set forth in § 1301(a).

(b) If a motion is made to have a trial date set, as provided in §
1301(b), the movant shall include demand for trial by jury, if desired,
in his notice of motion. If he omits to do so, any other party desiring
trial by jury shall demand it in papers opposing the motion.

(c) If the trial date is set by agreement pursuant to § 1301(c), the
trial shall be without jury unless the stipulation provides otherwise.

(d) The party demanding trial by jury shall pay the fee therefor upon
making the demand. If trial by jury is stipulated to, the stipulation
shall provide for payment of the jury fee, and in the absence of
providing therefor, it shall be paid by the plaintiff.

(e) Unless a jury is demanded or stipulated to, and the jury fee paid
as provided in section nineteen hundred eleven of this act, trial by
jury is waived.

(f) The court may relieve a party from the effect of failing to comply
with this section if no undue prejudice to the rights of another party
would result.