{"jurisdiction": "us-ny", "code": "cplr", "section": "2218", "citation": "CPLR § 2218", "heading": "Trial of issue raised on motion", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/2218", "from_official_api": true, "plain_english": "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. ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/2218", "publisher": "Elyphived LLC"}