Rule 38 — Right to a Jury Trial; Demand

Fed. R. Civ. P. 38

• Source: Federal Rules of Civil Procedure
• Rule: 38
• TITLE VI: TRIALS
• Citation: 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 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withdrawn only if the parties consent.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.)