Trial of issue raised on motion
§ 2218. Trial of issue raised on motion. The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee. If the issue is triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issue. Failure to make such demand within the time limited by the court, or, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury. An order under this rule shall specify the issue to be tried.
The court may order a fact issue raised on a motion to be separately tried by the court or a referee. If the issue is triable of right by jury, the court must give a chance to demand a jury; failing to demand in time (or before trial if no time set) waives the jury right. The order must specify the issue to be tried. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.