SCRCP 38

(a) Right Preserved. The right of trial by jury as declared by the Constitution or as given by a statute

of South Carolina shall be preserved to the parties inviolate. Issues of fact in an action for the recovery

of money only or of specific real or personal property must be tried by a jury, unless a jury trial be

waived.

(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving

upon the other parties a demand therefor in writing at any time after the commencement of the action

and not later than 10 days after the service of the last pleading directed to such issue. Such demand

may be endorsed upon a pleading of the party.

(c) Same: Specification of Issues. In his demand a party may specify the issues which he wishes so

tried; otherwise he shall be deemed to have demanded trial by jury for all the issues so triable. If he

has demanded trial by jury for only some of the issues, any other party within 10 days after service of

the demand or such lesser time as the court may order, may serve a demand for trial by jury of any

other or all of the issues of fact in the action.

(d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required

by Rule 5(d) constitutes a waiver by him of trial by jury. A demand for trial by jury made as herein

provided may not be withdrawn without the consent of the parties, except where an opposing party is

in default under Rule 55(a).

Note:

This Rule 38 is substantially the Federal Rule. The last sentence is added to Paragraph

38(a) to preserve the language of Code § 15-23-60. Paragraph 38(e) of the Federal

Rule, referring to admiralty and maritime claims, is inapplicable to State practice.