Jury Trials

Question 1

Is there a constitutional right to a jury trial in civil cases?

Answer 1

YES.

If the π is seeking “legal relief” (monetary damages) they have a right to a jury trial

TIP: a π seeking only equitable relief does NOT have a right to a jury trial

Question 2

What is the timing requirement for demanding a trial by jury in a civil case?

Answer 2

written demand for jury must be filed “no later than 14 days after the last pleading directed to the issue is served”

Question 3

How many peremptory challenges are allowed per side during jury selection in civil cases?

Answer 3

THREE

Question 4

What are the MINIMUM and MAXIMUM number of jurors allowed in federal civil trials?

Answer 4

6 - 12

Question 5

What are the timing requirements of a REQUEST for a jury instruction?

Answer 5

-requests for jury instructions should be made before or at the close of evidence

-if a party fails to make a timely request, that party may seek the court’s permission to file untimely requests for instructions “that could not reasonably have been anticipated by an earlier time”

Question 6

what are the MIN and MAX # of jurors allowed in FEDERAL civil trials?

Answer 6

6 - 12

Question 7

what are the timing requirements of an OBJECTION to a jury instruction?

Answer 7

-objections should be made at the jury instruction conference when the court informs the parties of the instructions it will use

-OR - if, after this jury instructions conference, a party learns of an objectionable instruction that “will be, or has been, given or refused” that party must object promptly

Question 8

What amendment codifies right to jury trial in civil case?

Answer 8

7th amendment

-judge decides issues of equity