casemark/jury-trial-request

Request for Jury Trial

Drafts a court-ready jury trial demand that preserves constitutional rights and complies with jurisdictional filing requirements.

Quick Start

1. Gather: court name, case caption, case number, party designations, jurisdiction, case type (criminal/civil)
2. Calculate filing deadline from applicable rules
3. Determine demand scope — general ("all issues so triable") or specific issues
4. Select constitutional authority (Sixth or Seventh Amendment + state basis)
5. Draft document using template below
6. 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

• [ ] Confirm filing deadline not passed
• [ ] Verify standalone document vs. inclusion in responsive pleading
• [ ] Check jury fee requirement, amount, and payment timing (indigent parties may move for waiver)
• [ ] Confirm service method (ECF mandatory? paper permitted?)
• [ ] Apply local formatting rules (font, spacing, margins, page numbering)
• [ ] Include certificate of service listing all parties
• [ ] Save as PDF per court naming convention if required
• [ ] Deliver courtesy copy to chambers if required by local rule

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