In New York civil trials, when may a party request a jury trial?

• A. At the moment the complaint is filed
• B. Any time prior to trial
• C. Only if the judge approves
• D. On calendar after filing the note of issue

Answer: (D)

In New York civil practice, the right to a jury trial is exercised by a written demand, and the timing is tied to moving the case onto the trial calendar. The note of issue is the document that signals the case is ready for trial and places it on the court’s calendar. Once the note of issue is filed, a party can request a jury trial by placing the demand on the calendar for that trial date. This makes the scheduling concrete and ensures all parties and the court are aligned on when the jury will be impaneled. Demanding a jury trial before the case is on the calendar, or waiting until after the trial has been set in any other way, isn’t how the timing is handled under the NY system.