Section 45-1561

Citation: Section 45-1561
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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We surmise that in many if not most cases, a tenant who wants a jury for a McNeal hearing in a notice case will want a jury for the possessory action itself. Moreover, as we have noted, such consolidation is feasible. We anticipate the possibility, however, that a tenant may be satisfied with a bench trial for the possessory action based on a notice to quit while electing a jury trial for the McNeal phase. Conceivably, though perhaps less likely, a tenant in a nonpayment case may want a jury trial only for the McNeal hearing. In either case, we perceive no reason why these alternatives should not be available. Accordingly, although a tenant, in anticipation of a protective order, may file a jury demand for both the possessory action and an anticipated McNeal hearing when the tenant files her answer to the complaint for possession, see Super.Ct. L & T R. 6, we conclude that the tenant may treat the two proceedings separately and file a jury demand for the McNeal hearing alone.[21]

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