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 an applicable 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 A proper demand may be withdrawn only if the parties consent.COMMENT TO 2017 AMENDMENTS
This rule is substantially similar to Federal Rule of Civil Procedure 38, as amended in 2007 and 2009, but maintains two local distinctions-1) in subsection (a), the phrase "applicable statute" is substituted for "federal statute" 2) subsection (e) addressing admiralty and maritime claims is omitted.
COMMENT
Rule 38 is substantially similar to Federal Rule of Civil Procedure 38 except for the deletion of section (e) thereof pertaining to admiralty and maritime claims and the substitution of "applicable statute" for "statute of the United States" in section (a).