Jury Demand

When the jury demand is used

Timing: early — tied to the last pleading on the issue. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A party may demand a jury trial by serving the other parties with a written demand no later than 14 days after the last pleading directed to the issue is served, and filing it under Rule 5(d) (Rule 38(b)).
• A party waives a jury trial unless its demand is properly served and filed (Rule 38(d)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 38(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The jury demand in state court

This page covers the federal version. In state court, the jury demand may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Answer: the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.
• Complaint: the pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.