To preserve the right to a jury trial in a civil case, what must a party do?

To preserve the right to a jury trial in a civil case, what must a party do?

• A. File a Demand for Jury Trial or Note of Issue for jury trial
• B. Nothing; it's automatic
• C. Only the defendant can demand
• D. Request after trial

Answer: (A)

To preserve the right to a jury trial in a civil case, a party must actively assert that right by filing a formal request. Specifically, you file a Demand for Jury Trial or, where required by local rules, a Note of Issue for jury trial, which puts the case on the calendar for a jury trial. This must be done within a required timeframe, or the right can be waived and the trial may proceed as a bench trial. The idea is that the right isn’t automatic; it must be claimed before the trial begins. Waiting until after the trial starts is too late, and the party who didn’t timely request may end up with a nonjury trial.

To preserve the right to a jury trial in a civil case, a party must actively assert that right by filing a formal request. Specifically, you file a Demand for Jury Trial or, where required by local rules, a Note of Issue for jury trial, which puts the case on the calendar for a jury trial. This must be done within a required timeframe, or the right can be waived and the trial may proceed as a bench trial. The idea is that the right isn’t automatic; it must be claimed before the trial begins. Waiting until after the trial starts is too late, and the party who didn’t timely request may end up with a nonjury trial.