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MT · rules

Mont. R. Civ. P. 38

Right to a Jury Trial; Demand

activein force · 2022-06-28 – presentact-effective-date

(a) Right Preserved. The right of trial by jury as declared by the Montana Constitution -

- or as provided by a Montana 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 issues that it wishes to have

tried by a jury; otherwise, it is considered 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 demand or within a shorter time ordered by the

court -- serve a demand 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 A proper demand may be withdrawn only if the parties consent.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
e5852ac35e497fcbfefaebe967a23de936d13adae7e38910c192045b05b0b29b
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