Fed. R. Civ. P. 38 — Right to a Jury Trial; Demand

Federal Rules of Civil Procedure

Rule 38 — Right to a Jury Trial; Demand

Fed. R. Civ. P. 38

Rule38

TITLE VITRIALS

CitationFed. R. Civ. P. 38

Fed. R. Civ. P. 38 (Right to a Jury Trial; Demand) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Civ. P. 38.

Text

(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 is- sues that it wishes to have tried by a jury; otherwise, it is consid- ered 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

Free access — add to your briefcase to read the full text and ask questions with AI

(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 is-
sues that it wishes to have tried by a jury; otherwise, it is consid-
ered 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 de-
mand or within a shorter time ordered by the court—serve a de-
mand 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withdrawn only if the parties consent.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).

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)