Andreana COLLEY, Petitioner,
v.
The Honorable David M. HARBOUR, Judge of the District Court of Oklahoma County, Oklahoma, Respondent.
No. 101328.
Supreme Court of Oklahoma.
November 29, 2004.ORDER
¶ 1 Original jurisdiction is assumed. Let the writ of prohibition issue in Andreana Colley, Plaintiff v. Chad Burns, Defendant, Case No. CJ-2003-2518, whereby the Honorable David M. Harbour, District Court of Oklahoma County, is directed not to enforce the order of July 1, 2004, requiring the plaintiff to prepay the cost of a jury trial, pursuant to 28 O.S. § 152.1(7), when only the defendant demanded the jury trial.
¶ 2 We hold that in civil cases where litigants are entitled to a jury trial, the party demanding the jury trial is obligated to prepay the cost required in 28 O.S. § 152.1(7). See Barnes v. Smith, 1937 OK 26, 64 P.2d 1217, 1218 (the right to a civil jury trial may be exercised at the option of a party willing to bear the statutory expense).
¶ 3 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 29TH DAY OF NOVEMBER, 2004.
¶ 4 OPALA, V.C.J., LAVENDER, KAUGER, WINCHESTER, EDMONDSON, TAYLOR, COLBERT, JJ., concur.
¶ 5 HARGRAVE, J., disqualified.