Michigan Court of Appeals Clarifies Trial Court Discretion to Empanel a Jury After Jury Trial Waiver
Nickgrace Inc v Aaron Gurgul, Dan Heimler, and Watchdog Cyber LLC
Opinion Published: July 14, 2026 (M.J. Kelly, P.J., and Patel and Korobkin, JJ.)
COA Docket No. 376127
Washtenaw County Circuit Court
Holding: The trial court erred when making its decision upon a mistaken belief that, under the undisputed factual circumstances, it lacked discretion to empanel a jury. The Court of Appeals reversed and remanded their decision for proceedings consistent with their opinion that a trial court retains discretion to empanel a jury even when parties fail to properly preserve their constitutional right to a jury trial.
Facts: Plaintiff filed a complaint against the Defendants and in the body of the complaint was a demand for a jury trial. Defendants then responded by filing an answer, and a separate document declaring their reliance upon Plaintiff’s jury demand. They additionally demanded a jury trial even if Plaintiff were to withdraw. Two years later, Plaintiff brought to the court’s attention their failure to pay the jury fee and filed a motion to proceed without a jury. While Defendants opposed this motion and paid the jury fee, the trial court determined it lacked discretion to empanel a jury, granting Plaintiff’s motion.
Key Appellate Holding:
Despite both Plaintiff and Defendant waiving their rights to a jury trial, the trial court retained the discretion to empanel a jury.
Per MCR 2.501(B)(1), 1) a party must file a demand for jury in writing within 28 days after the answer or timely reply, 2) the demand must be filed as a separate document, and 3) the jury fee must be paid at the time of filing. Plaintiff fulfilled only the first requirement. Since Plaintiff erred when preserving their rights, Defendants therefore had nothing to rely upon when preserving their rights and waived their right to a jury trial by only fulfilling the first two requirements. Nevertheless, it is well-established that where the parties fail to properly demand a jury trial, it is a matter within the trial court’s discretion. The trial court’s decision to proceed with a bench trial was based on an erroneous belief that it lacked discretion to empanel a jury. The matter was remanded to the trial court for consideration whether to exercise its discretion to determine if a jury should be empaneled.
