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Civil Practice – Jury Trial Demand – Amended Answer – Same Facts (access required)

Neither party demanded a jury trial in their original pleadings. The trial court allowed defendant to amend its answer to assert counterclaims (for fraud, negligent misrepresentation, and breach of contract) because its original answer already included issues of fraud and misrepresentation, so the amendment would not prejudice plaintiff. Furthermore, all of defendant’s new allegations involve ...

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