§ 10-109. Same—Jury trial demand; waiving jury trial; when cause triable.

Upon the filing of any civil action in said court, the plaintiff or his attorney of record may file with the original action but by separate document prescribed and furnished by the court a written demand for trial by jury in said court, and in the absence of such demand the plaintiff shall be held to have waived trial by jury. The defendant in such action may file by separate document prescribed and furnished by the court a written demand for trial by jury on or before the date upon which he is required to appear in court in response to said proceeding and, upon such defendant's failure thereupon to demand a trial by jury, he will be held to have waived the same; provided, however, where neither party demands a trial by jury the judge of said court shall have the right on his own motion and in his own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or he may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a party to said case; provided, further, where a defense is filed on or before the answer day, the plaintiff in any cause of action shall have the right to demand a trial by jury by separate document prescribed and furnished by the court on said answer day or within five days. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party. Upon the filing of defensive pleadings, said course [cause] shall be triable at the next or any succeeding term of said court.

(1964 Ga. Laws (Act No. 1006), page 3211, § 8)