MBE Rules · Civil Procedure
Jury Demand
FRCP 38
The rule
A jury trial must be demanded in writing within 14 days after service of the last pleading directed to the issue; failure to demand waives the Seventh Amendment right.
In plain English
If you want a jury trial, you must request it in writing within 14 days after the last pleading related to the case is served. If you don't make this demand, you lose your right to a jury trial under the Seventh Amendment.
Worked example
In a civil case, the defendant files their answer to the plaintiff's complaint on March 1. The plaintiff must submit a written demand for a jury trial by March 15. If the plaintiff fails to do so, they will be deemed to have waived their right to a jury trial.
Memory hook
Demand a jury in writing within 14 days, or your right goes away!
The trap
Exams may present scenarios where students forget to count the 14-day deadline or misinterpret what constitutes the 'last pleading,' leading to confusion about the waiver of the jury right.
How examiners test it
Questions often involve a timeline of pleadings and require candidates to identify whether a jury demand was timely made or waived based on the provided facts.
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