What Is a Jury Demand in a Civil Case?
When someone files or responds to a civil lawsuit, one important question can be whether the case will be decided by a judge alone or by a judge and jury.
That is where a jury demand comes in.
A jury demand is a formal request by a party asking that the factual issues that are legally entitled to be tried by a jury be decided by a jury rather than solely by the judge. In federal civil cases, the procedure for making this request is primarily governed by Federal Rule of Civil Procedure 38. (Legal Information Institute)
For someone involved in a lawsuit, understanding a jury demand matters because missing the applicable deadline can result in a waiver of the right to a jury trial.
This guide explains what a jury demand means, when it must be made, how it can appear in a pleading, what happens after it is filed, and what happens if a party misses the deadline.
What Is a Jury Demand?
A jury demand is a written request asking the court to conduct a jury trial on issues that are legally triable by a jury.
For example, suppose a plaintiff files a federal civil lawsuit alleging that a defendant breached a contract and caused $100,000 in damages.
If the plaintiff wants a jury to decide the factual issues that are properly triable by jury, the plaintiff can make a written jury demand.
The demand does not mean that a jury trial will automatically occur in every circumstance. The underlying claim must involve issues for which a jury trial is legally available.
Federal Rule of Civil Procedure 38 preserves the right to a jury trial where that right exists under the Seventh Amendment or federal law. (Legal Information Institute)
What Does “Demand for Jury Trial” Mean?
When you see language such as:
“Plaintiff hereby demands a trial by jury on all issues so triable.”
it generally means that the party is formally preserving its request for a jury trial.
A jury demand may be included in a complaint, answer, counterclaim, or another appropriate pleading, or it may be made through a separate written document, depending on the circumstances and applicable court rules.
Some federal district courts also have local requirements concerning how a jury demand should be identified.
For example, the District of Oregon's local rule requires the words “DEMAND FOR JURY TRIAL” in the title of a jury-demand instrument. (ord.uscourts.gov)
This illustrates an important point: Federal Rule 38 provides the basic federal procedure, but local court rules can impose additional formatting or filing requirements.
When Must a Jury Demand Be Made?
In a federal civil case, Rule 38 generally requires a party to serve a written jury demand no later than 14 days after the last pleading directed to the issue is served. The demand must also be filed as required by the federal rules. (Legal Information Institute)
This deadline is important.
A party should not assume that simply mentioning the possibility of a jury trial later in the lawsuit will preserve the right.
The safer approach is to determine when the relevant pleading was served and calculate the applicable deadline under the current federal rules and local court requirements.
Example
Imagine:
Plaintiff files a complaint.
Defendant later serves an answer.
The answer is the last pleading directed to the relevant issue.
Plaintiff wants a jury trial.
The party should determine the Rule 38 deadline based on the service of the last pleading directed to the issue.
Because deadlines can depend on the pleadings and procedural posture, parties should carefully examine the docket and applicable rules rather than relying on a generic calendar date.
What Happens If You Do Not Make a Jury Demand?
This is one of the most important parts of the rule.
Under Rule 38, a party can waive the right to a jury trial if the demand is not properly served and filed within the required period. (United States Courts)
In simple terms:
If you have a right to a jury trial and fail to properly preserve that right, you may end up with a bench trial instead.
A bench trial is a trial in which the judge determines the facts and applies the law rather than a jury deciding the factual issues.
The Federal Judicial Center's research on civil cases likewise explains that Rule 38 requires parties to affirmatively demand a jury trial to preserve the federal civil jury-trial right. (United States Courts)
Can a Jury Demand Be Included in the Complaint?
Yes.
A plaintiff can generally include a jury demand in the complaint when the case involves issues triable by jury.
For example, the complaint might contain a section near the end stating:
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable.
Including the demand in the complaint can be a straightforward way of preserving the request from the beginning of the case.
However, the exact formatting and placement may be affected by the local rules of the particular federal district court.
For example, the Northern District of California's local rules address the placement and presentation of jury demands in pleadings. (Northern District Court)
Can a Defendant Make a Jury Demand?
Yes.
A defendant may make a jury demand when responding to a civil lawsuit if the issues are legally triable by jury.
For example, a defendant's answer might contain a statement such as:
DEMAND FOR JURY TRIAL
Defendant demands a trial by jury on all issues so triable.
A defendant should not assume that the plaintiff's decision automatically determines whether the defendant has preserved its own jury-trial right.
Each party should independently consider whether a jury demand is necessary.
Can a Plaintiff Demand a Jury After the Complaint?
Potentially, yes, but the timing matters.
Rule 38 establishes the deadline for making the demand. A party may make the demand in a later pleading if that pleading is the relevant pleading for purposes of the rule.
The critical issue is not simply whether the demand appears somewhere in the case. The issue is whether it was properly served and filed within the applicable deadline.
If a party misses the deadline, Rule 39 also becomes relevant because the court may address whether the case should be tried without a jury and whether the right has been waived. (Legal Information Institute)
Does a Jury Demand Mean the Entire Case Goes to a Jury?
Not necessarily.
Rule 38 allows a party to specify the issues that it wants tried by a jury.
If the demand does not specify particular issues, the rule generally treats the demand as applying to all issues that are triable by jury. (Legal Information Institute)
Civil lawsuits can contain different types of issues. Some may be appropriate for a jury while others may be determined by the court.
For that reason, the language of the demand and the nature of the claims can matter.
Jury Trial vs. Bench Trial
The basic difference is who decides the factual questions at trial.
| Jury Trial | Bench Trial |
|---|---|
| Jury decides factual issues assigned to it | Judge decides factual issues |
| Judge presides over the trial | Judge presides over the trial |
| Jury hears evidence and receives instructions | Judge evaluates evidence directly |
| Jury returns a verdict on issues submitted to it | Judge issues findings and/or judgment |
| Requires a legally available jury right and proper demand where required | May occur when no jury right exists or the jury right is waived |
A jury is not available simply because one party prefers one. The legal right to a jury must exist for the particular issues involved.
The Seventh Amendment protects certain civil jury-trial rights in federal court, particularly for legal claims, while not creating a jury right for every type of civil proceeding. (Legal Information Institute)
What Is a Bench Trial?
A bench trial is a civil trial in which the judge acts as the factfinder.
Instead of presenting the factual dispute to a jury, the parties present their evidence and arguments directly to the judge.
For example, if a party has waived a jury trial in a case where a jury right existed, the case may proceed as a bench trial.
Bench trials are also used when the law does not provide a right to a jury for the particular issues.
Can a Jury Demand Be Withdrawn?
A party should not assume that a jury demand can simply be withdrawn whenever it wants.
Federal Rule 38 provides that a jury demand may not be withdrawn without the parties' consent. (United States Courts)
This is another reason why parties should think carefully about their litigation strategy before making procedural decisions concerning a jury trial.
What About a Case Removed From State Court to Federal Court?
Removal can create additional timing questions.
Federal Rule 81(c) addresses jury demands in cases removed from state court. Federal court materials explain that when the relevant pleadings have already been served at the time of removal, the applicable Rule 38 deadline can run from the filing of the notice of removal or service of the notice of removal, depending on which party is making the demand. (United States Courts)
This can be especially important because state and federal procedures concerning jury demands may differ.
A party involved in a removed case should therefore check Rule 81(c), Rule 38, and the applicable local rules rather than assuming the state-court deadline controls.
Do State Courts Have the Same Jury-Demand Rules?
No.
This is an important distinction.
The Federal Rules of Civil Procedure apply to federal civil cases. State courts operate under their own state constitutions, statutes, rules of civil procedure, and local court rules.
Many states provide some right to a civil jury trial, but the requirements and deadlines can vary considerably. (Legal Information Institute)
For example, a state may have its own rule specifying:
when a jury demand must be made;
how the demand must be filed;
whether a fee is required;
how the demand must appear in the pleadings;
circumstances that constitute waiver; or
procedures for restoring a waived jury right.
Therefore, a federal jury-demand rule should not automatically be used in a state-court lawsuit.
What If Someone Misses the Jury-Demand Deadline?
Missing the deadline does not necessarily mean that every possibility is permanently closed in every case.
Federal Rule 39 addresses situations involving jury trials and waivers. A court may have authority under the rule to consider whether a jury should nevertheless be allowed in appropriate circumstances. (Legal Information Institute)
However, a party should not rely on obtaining an exception.
If a jury right is important to the case, the better practice is to preserve it properly and on time.
If the deadline has already passed, the party should promptly examine the federal rules, local rules, and relevant case law and determine whether relief is available.
Simple Example of a Jury Demand
Suppose Sarah files a federal civil lawsuit against a company claiming that the company breached a contract and owes her $150,000.
Sarah believes the factual dispute should be decided by a jury.
Her complaint could contain a section stating:
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable.
If properly served and filed within the applicable Rule 38 period, the demand can preserve Sarah's jury-trial right for issues that are legally triable by jury.
The defendant may also make its own jury demand if appropriate.
The judge will ultimately determine the legal and procedural issues concerning what will be tried to the jury and what will be decided by the court.
Why Is a Jury Demand Important?
A jury demand can affect the entire character of a civil trial.
A jury and a judge can approach factual disputes differently. Jury selection, opening statements, witness testimony, exhibits, jury instructions, closing arguments, and the verdict process can all become important parts of a jury trial.
For a litigant, therefore, the jury-demand deadline is not merely a technical filing requirement.
It can be a significant litigation decision.
Common Questions About Jury Demands
Is a jury demand the same as filing a lawsuit?
No.
A complaint starts a civil lawsuit. A jury demand is a separate procedural request concerning how eligible issues should be tried.
Does every civil case have a right to a jury?
No.
The Seventh Amendment does not create a jury right for every civil claim or proceeding. Statutes and other legal authorities can also affect whether a jury right exists. (Legal Information Institute)
Can a defendant demand a jury?
Yes, when the defendant has a legally available jury right and properly follows the applicable procedure.
Can a jury demand be put in an answer?
Yes. A jury demand may be included in a pleading when the requirements of Rule 38 are satisfied.
What is a jury waiver?
A jury waiver generally occurs when a party fails to properly preserve a jury-trial right under the applicable rules or otherwise relinquishes that right.
Is the federal deadline 10 days or 14 days?
For the current Federal Rules of Civil Procedure, Rule 38 uses a 14-day period after service of the last pleading directed to the issue. Older legal materials may still refer to a 10-day period because the rule previously used that deadline. (Legal Information Institute)
This is an important reason to check the current version of the rules rather than relying on an old form or article.
Conclusion
A jury demand in a civil case is a formal written request to have legally jury-triable issues decided by a jury rather than solely by the judge.
In federal court, Federal Rule of Civil Procedure 38 governs the basic procedure. A party generally must serve and file the demand within the applicable 14-day period after the last pleading directed to the issue is served. Failing to properly make the demand can result in waiver of the jury-trial right. (Legal Information Institute)
The exact procedure can depend on the type of case, the pleadings, whether the case was removed from state court, and the local rules of the federal district.
If you are actually involved in litigation, check the current Federal Rules of Civil Procedure and the local rules for the court where your case is pending.
Sources
Federal Rules of Civil Procedure — Legal Information Institute
U.S. District Court for the District of Oregon — Local Rule 38
U.S. District Court for the Northern District of California — Civil Local Rules
Disclaimer
The information shared in this article is intended to help readers better understand jury demands and civil court procedure. It is general information, not personalized legal advice, and reading this article does not establish an attorney-client relationship. Court procedures, deadlines, and jury-trial requirements can vary depending on the jurisdiction and the specific case. Rules may also be amended over time. Anyone dealing with an actual lawsuit or an important filing deadline should verify the applicable rules for their court and, when appropriate, seek advice from a licensed attorney.
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