ORCP 51A

 

      See annotations under ORS 17.005 in permanent edition.

 

ORCP 51B

 

      See annotations under ORS 17.030 in permanent edition.

 

ORCP 51C

 

      See also annotations under ORS 17.030 and 17.035 in permanent edition.

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 17.035)

 

      Where matter of equitable cognizance is pleaded but there is failure of proof establishing equitable right, and parties thereafter submit legal issues to court without objection, jury is waived. Schlegel v. Doran, 260 Or 270, 490 P2d 163 (1971)

 

      Where court allowed introduction of additional evidence in remanded case, waiver made during original trial was no longer binding. Thompson v. School District No. UH7J, 32 Or App 249, 573 P2d 1265 (1978)

 

 

In general

 

      Where defendants never claimed they were entitled to jury trial on punitive damage claim and only objection they made to the award of punitive damages was claim that court sitting in equity could not award punitive damages in an injunction case, defendants waived right to jury trial by failure to make timely assertion of the right. Rexnord, Inc. v. Ferris, 294 Or 392, 657 P2d 673 (1983)

 

      Trial judge had no authority to decline to empanel jury on basis of his evaluation of likelihood of plaintiffs being able to reach jury, if one were empaneled, and to decide case on basis of evidentiary hearing conducted in absence of jury. Hallman v. United Services Automobile Association, 96 Or App 10, 771 P2d 288 (1989)

 

      Waiver of right to jury in legal claim action can be implied from failure of party to timely assert right. Kesterson v. Lewis, 126 Or App 329, 868 P2d 1350 (1994), Sup Ct review denied

 

ORCP 51D

 

      See also annotations under ORS 17.040 in permanent edition.

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 17.040)

 

      Whether issues in equity case shall be referred to jury rests in the sound legal discretion of court. Phillips v. Johnson, 266 Or 544, 514 P2d 1337 (1973)

 

In general

 

      Advisory jury is not available in juvenile delinquency proceeding. State ex rel Upham v. McElligott, 326 Or 547, 956 P2d 179 (1998)