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Fed. R. Civ. P. 38

Right to a Jury Trial; Demand

activein force · 2024-12-01 – presentact-effective-date

(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withdrawn only if the parties consent.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
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Fed. R. Civ. P. 38 — Right to a Jury Trial; Demand · binding.law