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Rule 38.
Right to a Jury Trial; Demand
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(a) Right Preserved.
The right of trial by jury as declared by the Seventh
Amendment to the Constitution — or as provided by a
federal statute — is preserved to the parties inviolate.
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(b) Demand. On any
issue triable of right by a jury, a party may demand a
jury trial by:
(1) serving the other parties with a
written demand — which may be included in a pleading —
no later than 14 days after the last pleading directed
to the issue is served; and
(2) filing the demand in accordance
with Rule
5(d).
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(c) Specifying Issues.
In its demand, a party may specify the issues that it
wishes to have tried by a jury; otherwise, it is
considered to have demanded a jury trial on all the
issues so triable. If the party has demanded a jury
trial on only some issues, any other party may — within
14 days after being served with the demand or within a
shorter time ordered by the court — serve a demand for a
jury trial on any other or all factual issues triable by
jury.
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(d) Waiver; Withdrawal.
A party waives a jury trial unless its demand is
properly served and filed. A proper demand may be
withdrawn only if the parties consent.
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(e) Admiralty and Maritime
Claims. These rules do not create a right to a
jury trial on issues in a claim that is an admiralty or
maritime claim under Rule
9(h).
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(Amended Feb.
28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1,
2007; March 26, 2009, eff. Dec. 1, 2009.)
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