Fed. R. Civ. P. 38 — Right to a Jury Trial; Demand
Plain English
Rule 38 protects your constitutional right to a jury — but you have to ask for it, and there’s a clock. The Seventh Amendment right is “preserved inviolate,” yet under this rule a party must serve a written jury demand within 14 days after the last pleading on the issue, and file it. Miss that window and you’ve waived the jury — the case gets tried to the judge instead. You can demand a jury on all issues or just some; if you limit it, the other side gets a chance to demand a jury on the rest. Once made, a proper demand can only be withdrawn if everyone consents.
Key Cases & Authority
- U.S. Const. amend. VII / Fed. R. Civ. P. 38(a) — The right of trial by jury as declared by the Seventh Amendment, or as provided by federal statute, is preserved to the parties inviolate.
- Fed. R. Civ. P. 38(b) — A jury demand must be served no later than 14 days after the last pleading directed to the issue and filed under Rule 5(d).
- Fed. R. Civ. P. 38(d) — A party waives a jury trial unless its demand is properly served and filed; a proper demand may be withdrawn only with the parties’ consent.
Florida Parallel
Florida’s parallel is Fla. R. Civ. P. 1.430 — Demand for Jury Trial; Waiver.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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).
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 38 preserves the Seventh Amendment jury-trial right but requires a written demand served within 14 days after the last pleading on the issue and filed under Rule 5(d); failure to do so waives the jury.