In any action at law in which the defendant suffers a default and there is a hearing in damages, the hearing in damages shall be to a jury of six if either party to the action, within thirty days after the default has been entered, files with the clerk of the court in which the action is pending a request in writing that the hearing in damages be to a jury.

(1949 Rev., S. 7956; 1953, S. 3182d; 1971, P.A. 40, S. 7; P.A. 78-379, S. 20, 27; P.A. 82-160, S. 108.)

History: 1971 act amended section to specify hearing heard by six-person juries in all cases where previously six-person jury was usual but request could be made for full twelve-person jury; P.A. 78-379 amended section to render provisions inapplicable in actions where judgment is rendered for plaintiff upon a demurrer to the complaint overruled; P.A. 82-160 rephrased the section.