Rule 38(d) states what happens if you fail to demand a jury trial?

• A. If you have failed to demand the jury trial then you have waived the right.
• B. If you fail to demand, you must refile.
• C. Waiver occurs only upon judge's decision.
• D. Waiver occurs if you do not pay a fee.

Answer: (A)

The rule tests what happens when a party does not timely demand a jury trial. If you miss the deadline for demanding a jury trial, the right to a jury trial is waived automatically. The case then proceeds as a bench trial, with the judge deciding both questions of law and fact on the triable issues. There’s no re-filing, no judge’s ruling needed to create the waiver, and it isn’t tied to any fee payment. This is why the correct understanding is that failure to demand within the allowed time waives the right to a jury trial.