Except for contempt of the magistrate court, penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court that are within magistrate trial jurisdiction. History: 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. 242, § 5; 2009, ch. 133, § 1.