Civil procedure
Jury Demand
A jury demand is a party's formal request for a jury trial, which must be made early or the right is lost.
The demand has to be served within fourteen days after the last pleading directed to the issue, and it is normally made right in the caption of the complaint or answer. Failing to demand a jury waives the right, and courts only sometimes excuse the mistake.
The right does not cover everything. Claims for money damages generally carry a jury right, while claims for injunctions and other equitable relief are for the judge, so a mixed case can have both a jury and a bench component.
The demand also shapes settlement value. Both sides price a case differently when a jury will decide it, so the presence or absence of a jury demand in the caption is one of the first things an experienced reader notices.
How it appears on a docket
COMPLAINT with JURY DEMAND against Acme Logistics, Inc. filed by Maria Rodriguez.
Governing rule
Fed. R. Civ. P. 38; U.S. Const. amend. VII
Related terms
- Bench Trial — A bench trial is a trial decided by the judge alone, with no jury.
- Verdict — A verdict is the jury's decision on the questions it was asked to answer, such as liability and damages.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where jury demand actually shows up. New to federal dockets? Start with how to find a federal case.