How to Invoke Your Right to Jury Trial in Federal Court
Right PreservedThe 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.
DemandOn any issue triable of right by a jury, a party may demand a jury trial by:
serving the other parties with a written demand -- which may be included in a pleading -- no later than 10 days after the last pleading directed to the issue is served; and
filing the demand in accordance with Rule 5(d).
Specifying IssuesIn 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 10 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.
Waiver; WithdrawalA party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.