Request for Jury Trial
Drafts a court-ready jury trial demand that preserves constitutional rights and complies with jurisdictional filing requirements.
Quick Start
- Gather: court name, case caption, case number, party designations, jurisdiction, case type (criminal/civil)
- Calculate filing deadline from applicable rules
- Determine demand scope — general ("all issues so triable") or specific issues
- Select constitutional authority (Sixth or Seventh Amendment + state basis)
- Draft document using template below
- File with jury fee (if required) and certificate of service
Filing Deadlines
| Context |
Rule |
Deadline |
| Federal civil |
FRCP Rule 38(b) |
14 days after service of last pleading directed to jury-triable issue |
| Federal criminal |
FRCrP Rule 23(a) |
Before trial unless court sets earlier deadline |
| State courts |
Varies |
Check local rules — ranges from responsive pleading to 10 days before trial |
Failure to timely file = waiver of jury right. Always confirm against local rules and scheduling orders. When ambiguous, file with the answer or initial responsive pleading.
Document Template
[COURT FULL FORMAL NAME]
[PARTY NAME(S)], )
[Designation], ) Case No. [XXXX]
)
v. ) [DEFENDANT'S/PLAINTIFF'S]
) REQUEST FOR JURY TRIAL
[PARTY NAME(S)], )
[Designation]. )
COMES NOW [Party Name], by and through undersigned counsel, and
hereby demands trial by jury [on all issues so triable / on the
following issues: ___] in the above-captioned matter, pursuant to
[constitutional and procedural authority].
[If criminal]:
This demand is made pursuant to the Sixth Amendment to the United
States Constitution[, Article ___, Section ___ of the [State]
Constitution,] and [FRCrP Rule 23(a) / State Rule ___].
[If civil]:
This demand is made pursuant to the Seventh Amendment to the United
States Constitution[, Article ___, Section ___ of the [State]
Constitution,] and [FRCP Rule 38 / State Rule ___].
Respectfully submitted,
/s/ [Attorney Name]
[Attorney Name] ([Bar No.])
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for [Party Name]
CERTIFICATE OF SERVICE
I certify that on [Date], a copy of the foregoing was served on all
parties of record via [ECF/mail/hand delivery]:
[List all counsel with addresses]
/s/ [Attorney Name]
Constitutional Authority
| Case Type |
Federal Basis |
State Basis |
| Criminal |
Sixth Amendment |
State constitution art/sec — verify |
| Civil — legal claims |
Seventh Amendment |
State constitution/statute — verify |
| Civil — equitable claims |
No federal jury right |
Some states extend jury right — check rules |
Demand Scope
- General demand — "all issues so triable" (default; preferred unless strategic reason to limit)
- Specific issues — required in some jurisdictions for mixed legal/equitable claims
- Multiple parties — confirm blanket demand covers cross-claims and third-party claims
For cases with both legal and equitable claims, demand jury on all issues — let the court sort triability.
Filing Checklist
Pitfalls
- Conditional language — use "hereby demands," never tentative phrasing
- Overlong filing — keep to 1–2 pages; this is a procedural demand, not a brief
- Argumentative content — do not include case merits or legal argument
- Missing local requirements — verify cover sheets, filing category codes, and companion documents
- E-signature format — use
/s/ [Name] per local e-filing rules
1---2name: jury-trial-request3description: Drafts a formal Request for Jury Trial invoking Sixth Amendment (criminal) or Seventh Amendment (civil) rights. Covers federal FRCP Rule 38, FRCrP Rule 23, state procedural variations, filing deadlines, jury fees, and waiver avoidance. Use when filing a jury demand, requesting jury trial, electing jury over bench trial, or preserving jury rights during pleadings or pre-trial phases.4---5
6# Request for Jury Trial
7
8Drafts a court-ready jury trial demand that preserves constitutional rights and complies with jurisdictional filing requirements.
9
10## Quick Start
11
121. Gather: court name, case caption, case number, party designations, jurisdiction, case type (criminal/civil)
132. Calculate filing deadline from applicable rules
143. Determine demand scope — general ("all issues so triable") or specific issues
154. Select constitutional authority (Sixth or Seventh Amendment + state basis)
165. Draft document using template below
176. File with jury fee (if required) and certificate of service
18
19## Filing Deadlines
20
21| Context | Rule | Deadline |
22|---|---|---|
23| Federal civil | FRCP Rule 38(b) | 14 days after service of last pleading directed to jury-triable issue |
24| Federal criminal | FRCrP Rule 23(a) | Before trial unless court sets earlier deadline |
25| State courts | Varies | Check local rules — ranges from responsive pleading to 10 days before trial |
26
27**Failure to timely file = waiver of jury right.** Always confirm against local rules and scheduling orders. When ambiguous, file with the answer or initial responsive pleading.
28
29## Document Template
30
31```
32[COURT FULL FORMAL NAME]
33
34[PARTY NAME(S)], )
35 [Designation], ) Case No. [XXXX]
36 )
37v. ) [DEFENDANT'S/PLAINTIFF'S]
38 ) REQUEST FOR JURY TRIAL
39[PARTY NAME(S)], )
40 [Designation]. )
41
42COMES NOW [Party Name], by and through undersigned counsel, and
43hereby demands trial by jury [on all issues so triable / on the
44following issues: ___] in the above-captioned matter, pursuant to
45[constitutional and procedural authority].
46
47[If criminal]:
48This demand is made pursuant to the Sixth Amendment to the United
49States Constitution[, Article ___, Section ___ of the [State]
50Constitution,] and [FRCrP Rule 23(a) / State Rule ___].
51
52[If civil]:
53This demand is made pursuant to the Seventh Amendment to the United
54States Constitution[, Article ___, Section ___ of the [State]
55Constitution,] and [FRCP Rule 38 / State Rule ___].
56
57Respectfully submitted,
58
59/s/ [Attorney Name]
60[Attorney Name] ([Bar No.])
61[Firm Name]
62[Address]
63[Phone] | [Email]
64Attorney for [Party Name]
65
66CERTIFICATE OF SERVICE
67I certify that on [Date], a copy of the foregoing was served on all
68parties of record via [ECF/mail/hand delivery]:
69[List all counsel with addresses]
70
71/s/ [Attorney Name]
72```
73
74## Constitutional Authority
75
76| Case Type | Federal Basis | State Basis |
77|---|---|---|
78| Criminal | Sixth Amendment | State constitution art/sec — verify |
79| Civil — legal claims | Seventh Amendment | State constitution/statute — verify |
80| Civil — equitable claims | No federal jury right | Some states extend jury right — check rules |
81
82## Demand Scope
83
84- **General demand** — "all issues so triable" (default; preferred unless strategic reason to limit)
85- **Specific issues** — required in some jurisdictions for mixed legal/equitable claims
86- **Multiple parties** — confirm blanket demand covers cross-claims and third-party claims
87
88For cases with both legal and equitable claims, demand jury on all issues — let the court sort triability.
89
90## Filing Checklist
91
92- [ ] Confirm filing deadline not passed
93- [ ] Verify standalone document vs. inclusion in responsive pleading
94- [ ] Check jury fee requirement, amount, and payment timing (indigent parties may move for waiver)
95- [ ] Confirm service method (ECF mandatory? paper permitted?)
96- [ ] Apply local formatting rules (font, spacing, margins, page numbering)
97- [ ] Include certificate of service listing all parties
98- [ ] Save as PDF per court naming convention if required
99- [ ] Deliver courtesy copy to chambers if required by local rule
100
101## Pitfalls
102
103- **Conditional language** — use "hereby demands," never tentative phrasing
104- **Overlong filing** — keep to 1–2 pages; this is a procedural demand, not a brief
105- **Argumentative content** — do not include case merits or legal argument
106- **Missing local requirements** — verify cover sheets, filing category codes, and companion documents
107- **E-signature format** — use `/s/ [Name]` per local e-filing rules
CaseMark