| name | jury-trial-request |
| description | 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. |
| tags | ["drafting","litigation","pleading"] |
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
