§ Rule 38 Right to a Jury Trial; Demand

Codes > Federal Rules of Civil Procedure > Title VI > Rule 38

Rule 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 A proper demand may be withdrawn only if the parties consent.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).