Rule 38 - Right to a Jury Trial; Demand(a)Right Preserved. The right of trial by jury as declared by the state constitution or as given by a state statute is preserved to the parties inviolate.(b)Demand; Deposit of Jurors' Fees. 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-at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial;(2) filing the demand in accordance with Rule 5(d); and(3) unless the local rules provide otherwise, depositing with the court clerk an amount of money equal to the fees to be paid the trial jurors for their services for the first day of trial.(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.(1) A party's failure to properly file and serve a demand constitutes the party's waiver of a jury trial.(2) A proper demand for a jury trial may be withdrawn only if the parties consent, or by court order for good cause upon such terms and conditions as the court may fix.Last amended effective 7/28/2009; amended effective 3/1/2019.Advisory Committee Note 2019 Amendment
Rule 38 differs from its federal counterpart in Rule 38(b)(1) and (3) and in 38(d)(2), which address jury-demand timing, deposit of jury fees, and withdrawal of a jury demand on consent or by court order, as did former NRCP 38.
Drafter's Note
2004 Amendment
Subdivision (b) is amended to include language that requires compliance with Rule 5(b). The amendments to subdivisions (c) and (d) are technical.