Court of Appeals Finds, Absent a Written Agreement by the Parties, Trial Courts have no Discretion to Grant a Jury Trial after the Time for Such Demand has Elapsed

In Daugherty v. Robinson Farms, Inc., the Court of Appeals resolved the apparent conflict between Trial Rules 6(B) and 38(D).  Although Trial Rule 6(B) seems to allow the Court, at its discretion, to allow a belated demand for a jury trial, the more specific rule, 38(D), allows for such untimely demand only upon written consent of the parties. As such, without a written agreement agreeing to a jury trial, a trial court is without discretion to grant an untimely jury demand.