Which Rule governs the right to a jury trial and its demand procedure?

• A. Rule 12
• B. Rule 38
• C. Rule 56
• D. Rule 45

Answer: (B)

Rule 38 of the Federal Rules of Civil Procedure governs the right to a jury trial and how to demand it. It codifies the Seventh Amendment guarantee that civil cases be tried by a jury on issues triable by jury, and it sets the procedure for requesting that trial. A party must serve a written demand within the time allowed after the last pleading directed to the issue—typically 14 days—otherwise the right is waived. If a timely demand is made, the case proceeds to a jury trial; if not, the court will hear the case without a jury. Other rules cover different topics (for example, Rule 12 deals with defenses and objections, Rule 56 with summary judgments, Rule 45 with subpoenas), so Rule 38 is the one that specifically addresses the jury-trial right and the demand process.