MT · rules
Mont. R. Civ. P. 38
Right to a Jury Trial; Demand
(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 A proper demand may be withdrawn only if the parties consent.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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