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U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
Rule 38. Jury Trial of Right
(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed upon a pleading of the party.
(c) Demand—Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
(d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.)
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Rule 38. Jury Trial of Right," U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 20, 2024, http://www.originalsources.com/Document.aspx?DocID=DAWB6F5UM7CEKAL.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "Rule 38. Jury Trial of Right." U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Washington, D.C., Government Printing Office, 2002, Original Sources. 20 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=DAWB6F5UM7CEKAL.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Rule 38. Jury Trial of Right' in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Government Printing Office, Washington, D.C.. Original Sources, retrieved 20 April 2024, from http://www.originalsources.com/Document.aspx?DocID=DAWB6F5UM7CEKAL.
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