Section 879.45. Jury trials, practice.

 

(1)   Generally. Jury trials may be had in court in all cases in which a jury trial may be had of similar issues under s. 805.01 (1) .

(2)   Demand. In all cases under sub. (1) , any person having the right of appeal from the determination of the court may file with the court, within 10 days after notice that the matter is to be contested, a written demand for a jury trial.

(3)   Framing issues. Upon filing the demand and receipt, the court may order an issue to be framed by the parties within a fixed time, and the matter shall be placed upon the calendar.

(4)   Costs. In all jury cases costs shall be allowed as a matter of course to the prevailing party.

(5)   Selection of jurors. Jurors shall be selected under ch. 756 and trials by jury shall be under ch. 805 .

(6)   Calendar. At the request of the court, the clerk shall prepare, in the order of their date of issue, a list of cases in which a trial by jury has been demanded. The list shall constitute a jury calendar. In case a continuance in any action upon the jury calendar is asked by any party, the court may grant the continuance and require payment of $10 motion fees.

(7)   Pretrial conference. The court may hold a pretrial conference under s. 802.10 (5) .

Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 418 s. 929 (8m) ; 1977 c. 447 s. 210 ; 1977 c. 449 ; 1979 c. 32 ; 1981 c. 391 ; Sup. Ct. Order No. 95-04 , 191 Wis. 2d xxi (1995); Sup. Ct. Order No. 96-08 , 207 Wis. 2d xv (1997). Neither the constitution, statutes, or common law affords the right to trial by jury in a will contest. Estate of Elvers, 48 Wis. 2d 17 , 179 N.W.2d 881 (1970). See also In re Estate of Sharpley, 2002 WI App 201 , 257 Wis. 2d. 152, 653 N.W.2d 124 , 01-2167 .