Rule · Federal Rules of Civil Procedure
Rule 38. Right to a Jury Trial; Demand
Federal Rules of Civil Procedure § 38
- Type
- Rule
- Source
- Federal Rules of Civil Procedure
- Jurisdiction
- Federal
- Date
- 2026-07-10
- Topic
- general
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).
Rule38. 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 Rule5(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 A proper demand may be withdrawn only if the parties consent.(e) Admiralty and Maritime Claims.These rules do not create a right to a jury trial on issues in a claim that is an admiralty or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 Rule9(h).
[Amended April 30, 2007, effective December 1, 2007, effective December 1, 2009.]