US · rules
Fed. R. Civ. P. 38
Right to a Jury Trial; Demand
(a) RIGHT PRESERVED. The right of trial by jury as declared by
the Seventh Amendment to the Constitution—or as provided by a
federal 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withdrawn only if the parties consent.
(e) ADMIRALTY AND MARITIME CLAIMS. These rules do not create
a right to a jury trial on issues in a claim that is an admiralty
or maritime claim under Rule 9(h).
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007;
Mar. 26, 2009, eff. Dec. 1, 2009.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-08-19
- Content hash
cfedcf35df8ffcef7387357b56d682d1db4925c011eda6b427d0a56c84c19a41
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.