Rule 38: Right to a Jury Trial; Demand: who can demand a jury trial and by when?

• A. Any party can demand a jury trial in written form served to the other side no later than 14 days after the last pleading directed to the issue is served.
• B. A jury trial must be demanded by the judge.
• C. A jury trial can be demanded at any time regardless of pleading status.
• D. Jury trials are automatic unless waived in writing.

Answer: (A)

Under Rule 38, the right to a jury trial in a civil case must be invoked timely. Any party to the case may demand a jury trial; the demand is not made by the judge. The demand must be in writing and served on the other parties (and typically filed with the court). The request must be made no later than 14 days after the last pleading directed to the issue is served—the last pleading that raises or responds to the jury-trial issue. If the demand isn’t timely, the right to a jury trial on that issue is waived. So the best answer is the one stating that any party may demand in written form served on the other side no later than 14 days after the last pleading directed to the issue is served.