<?xml version="1.0" encoding="ISO-8859-1"?><section number="75-1-306"><histories><history>Enacted by Chapter <modchap sess="1975GS">150</modchap>, 1975 General Session</history><modyear>1975</modyear></histories><catchline>Jury trial.</catchline><subsection number="75-1-306(1)">
If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a statutory or constitutional right to trial by jury.</subsection><subsection number="75-1-306(2)">
If there is no right to trial by jury under Subsection <xref depth="4" refid="C75-1-S306_1800010118000101" refnumber="75-1-306(1)" start="0">(1)</xref> of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.</subsection></section>
