Jury Demand in the United States District Court–At A Glance

 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.

Timing:

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 A proper demand may be withdrawn only if the parties consent.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.

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