§ Rule 38 Right to a Jury Trial; Demand
Rule 38. Right to a Jury Trial; Demand
(a) Right preserved. The right of trial by jury as declared by the Constitution of the United States or by the Constitution of the State of North Dakota - or as provided by a statute of the United States or of the State of North Dakota - 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) Size of Jury. If trial by jury is demanded, the jury must consist of six qualified jurors unless a jury of nine is specifically demanded within the time required for making a jury trial demand under Rule 38(b).
(d) 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 a jury.
(e) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A party may not revoke a
waiver of a jury trial by amending a pleading that asserts only a claim or defense arising out of the conduct, transaction, or
occurrence described in the original pleading. A proper demand may be withdrawn only if the parties consent.