Court Strikes Untimely Jury Demand

In the case of Core5 at Route 100, LLC v. Lowhill Township, No. 2025-C-0308 (C.P. Leh. Co. June 23, 2026 Johnson, J.), the court granted a Plaintiff’s Motion to Strike a defendant’s untimely jury demand.

According to the Opinion, the Defendant’s demand for a jury trial was submitted more than five months after the last permissible pleading in one of the consolidated actions in this matter, and more than seven months after the last permissible pleading in the other consolidated action.

The court additionally noted that the Defendants had also signed a joint Stipulation that scheduled a non-jury trial.

While the court acknowledged that the Pennsylvania Constitution protects the right to a jury trial, Pennsylvania Supreme Court precedent had previously held that defendants may waive a jury demand if the demand for a jury trial is made more than twenty (20) days after the last permissible pleading and not in compliance with Pa. R.C.P. 1007.1(a).

The court also rejected the Defendant’s attempt to rely upon Pa. R.C.P. 126(a) which calls for the liberal application of the Pennsylvania Rules of Civil Procedure. The court exercised its discretion and concluded that it should adhere to the wording of Rule 1007.1(a).

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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Sept. 17, 2026).