Trial - Right to Jury Trial Flashcards
What rules?
38
2
7th Amendment
What does R.38 require of parties who want a jury trial?
- Written demand with court
- Serve it on parties
- Within 14 days after service of last pleading directed to jury-triable issue
What happens if party does not serve written demand within 14 days after service of last pleading?
Waiver by that party of right to jury trial
Who can request trial by jury?
Either party
Can court order jury trial? When?
With its discretion, court may order jury trial if P’s waiver was not intentional
Court should grant relief from waiver, absent of what?
Compelling reasons to the contrary
When can jury demand be withdrawn?
If all parties consent
Where is the right to jury trial preserved?
7th amendment
When is right to jury trial preserved?
For all suits of common law where amount in controversy exceeds $20
Historical test for whether right to jury trial was preserved on issue
whether claim/relief was available at law or in equity
At law
right to jury trial
In equity
no right to jury trial
What are two situations where right to jury must be analyzed more deeply?
- Mixed actions
2. Statutory claim
Mixed actions
legal and equitable claims are joined
What happens in a mixed action?
- Legal claim tried first by jury
2. Then equitable claim is tried by court
