19. Jury Trial (7A/Rule 38)

Question 1

What is required to assert the right to jury trial (7A/Rule 38)?

Answer 1

1) Amount in controversy > $20

Either;

• P/D ‘serves’ written demand to parties within 14 days after ANY last pleading (own/opponent’s) + P/D ‘files’ written demand to court within reasonable time after serving parties
• P/D includes jury trial demand in complaint

2) Civil case

3) Under law
- NOT equity

Question 2

How may right to jury trial be waived?

Answer 2

NOT timely demand
- Jurisdiction waiver (Court cannot excuse delayed filing)

Withdrawn + BOTH parties’ consent
- Otherwise even if one objects, the other does not object => Jury can still exist

Question 3

Which type of claims do jury and judge determine?

Answer 3

Jury

• Legal claims (could be brought under common law, e.g. discrimination, damages)
• Procedure formerly available in equity, now legally (class suit/impleader)
• Damages + Incidental to equitable relief

Judge
- Equity claims (could NOT be brought under common law, e.g. job reinstatement order)

Question 4

Which court may hold jury trials with diversity cases?

Answer 4

State court

Federal court
- Even if State Court assigns/rejects case

Question 5

Must a jury trial be re-demanded if the case is removed to federal court?

Answer 5

NO

- UNLESS the jury trial was initially NOT properly demanded