Section 42-2-11 - Election of trial by court or jury.

42-2-11. Election of trial by court or jury.

Any party desiring to try the cause before a jury, shall make demand and deposit jury fees pursuant to Rule 38, Rules of Civil Procedure, [Rule 1-038 NMRA] and any other applicable rules of civil procedure.   

The court with or without a jury may separately try the case involving each tract of land affected which is under different ownership, or separate tracts under the same ownership.