holding that jury trial in a civil action may be waived by inaction where the party fails to demand jury trial or pay fee on or before setting of trial date
How later courts described this case
- holding that jury trial in a civil action may be waived by inaction where the party fails to demand jury trial or pay fee on or before setting of trial date
- finding that failure to file a demand for jury trial pursuant to CR 38(b) constitutes waiver
- considering Ford Motor Company’s assertion that a statute violated due process by restricting a statutorily granted right to appeal
- the proper inquiry is to determine whether on a given subject the Washington constitutional provision affords greater protection than the federal constitution
Written by the judges who cited it.
The opinion
Utter, J.
(concurring)—I concur in the reasoning of the majority opinion. In addition, I agree with the position taken by the majority regarding the application of Const. *571 art. 1, § 12, because the argument presented to our court was not presented in the same degree to the trial court. Trial courts should have the same opportunity as this court to make fully informed rulings on state constitutional law issues. To present the trial court a less detailed argument than we receive deprives them of that opportunity.