Section 16-11.Cases Presenting Both Legal and Equitable Issues
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 16-11
Amendment History
(P.B. 1978-1997, Sec. 308.)
Plain-English Summary
A case presenting issues both in equity and at law may be claimed for the jury list, but unless the judicial authority orders otherwise, only the issues at law are assigned for trial by the jury. Once such an action has been placed on the docket as a jury case, resolving the equitable issues raised by the pleadings does not by itself prevent a jury trial of the claim for damages. There are two exceptions: a jury trial on damages can still be prevented if both parties agree in writing to waive a jury, or if the determination of the equitable issues has already necessarily adjudicated all the facts on which the damages claim rests.
Frequently Asked Questions
In a case with both legal and equitable claims, does the whole case go to the jury?
Not automatically. Unless the judicial authority orders otherwise, only the issues at law are assigned for trial by the jury, even though the case may be claimed for the jury list.
Does deciding the equitable issues first prevent a later jury trial on damages?
Generally no. Once the action is on the docket as a jury case, resolving the equitable issues does not prevent a jury trial of the damages claim, unless the parties waive a jury in writing or the equitable ruling already decided the facts the damages claim depends on.
Can the parties give up their right to a jury trial on the damages claim?
Yes. If both parties agree in writing to waive a jury, the damages claim will not go to a jury even though the case involves both legal and equitable issues.