Rule 38 – Right to a Jury Trial; Demand

Federal Rules of Civil Procedure Simplified:
Title VI – Trials
Rule 38 – Right to a Jury Trial; Demand

     Continued from Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.

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Rule 3 Transcript:

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.

(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d).

(c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury.

(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed.  A proper demand may be withdrawn only if the parties consent.

(e) Admiralty and Maritime Claims. These rules do not create a right to a jury trial on issues in a claim that is an admiralty or maritime claim under Rule 9(h).

Next Rule:

Rule 39 – Trial by Jury or by the Court

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: United States Courts, Federal Rules of Civil Procedure (2017):  www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure

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