Use this At A Glance Guide to learn the Federal Rules of Civil Procedure related to making a jury demand in the United States District Courts. For more detailed information, including local rules, on making a jury demand in a specific United States District Court, please see the SmartRules Jury Demand Guide for the court where your action is pending.
Jury trial must be demanded after the commencement of the action and within ten (10) days of the last pleading directed to an issue triable by jury. FRCP 38(b)(eff 12/01/07).
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 A proper demand may be withdrawn only if the parties consent. FRCP 38(d)(eff 12/01/07).
A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew the demand after removal. If the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time. The court must so order at a party’s request and may so order on its own. A party who fails to make a demand when so ordered waives a jury trial. FRCP 81(c)(3)(A).
If all necessary pleadings have been served at the time of removal, a party entitled to a jury trial under Rule 38 must be given one if the party serves a demand within 10 days after: (i) it files a notice of removal; or (ii) it is served with a notice of removal filed by another party. FRCP 81(c)(3)(B).
Jury Demand Rules:
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 10 days after the last pleading directed to the issue is served; and
(2) filing the demand in accordance with Rule 5(d). FRCP 38(b)(eff 12/01/07).
The demand may specify that only some of the issues raised by the action be tried by a jury; otherwise, it shall be deemed to include all issues triable by a jury. FRCP 38(c)(eff 12/01/07).
If the demand is for jury trial on fewer than all issues triable by a jury, the opposing party has ten (10) days from service of the jury demand to demand trial by jury on the other issues. FRCP 38(c)(eff 12/01/07).
The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.