A jury trial can change the dynamics of a case. Here’s how and when to demand a jury trial in your Answer to ensure your client’s right to trial by jury is preserved.
The right to a jury trial is a fundamental aspect of the U.S. legal system. However, failing to assert this right early in the litigation process can result in the waiver of this valuable right. By including a demand for jury trial in your Answer, you protect your client’s right to have the case decided by a jury, not just a judge.
In this article, Legal Husk explains how to properly include a demand for a jury trial in your Answer and why it’s crucial to do so.
✅ The primary advantage of a jury trial is that it allows 12 peers (in most cases) to decide factual issues, potentially providing a more favorable outcome for the defendant in certain types of cases:
Juries are often more sympathetic to personal injury defendants or commercial defendants who can relate to the human aspect of a case.
In business disputes, a jury may view the issues in a more practical light than a judge focused purely on legal precedent.
🎯 A jury trial can be a powerful tool in your litigation strategy, especially if the case involves disputed facts or emotional components.
✅ Under Federal Rule of Civil Procedure 38, you must demand a jury trial in the Answer (or within 14 days after serving the Answer):
If you fail to make a demand within this time frame, you waive the right to a jury trial, and the case will be decided by the judge.
Some states have similar rules, so be sure to check your jurisdiction’s specific jury demand rules.
Tip: If you're filing an Answer, include the jury trial demand immediately. Don't wait for the scheduling order from the court—it’s better to assert the demand early.
✅ The demand for a jury trial should be made clearly and specifically in the Answer:
The demand should be made on the first page or in a separate section dedicated to legal assertions.
Use clear language such as, “Defendant demands a trial by jury on all issues so triable.”
Example:
"Defendant hereby demands a trial by jury on all issues triable by a jury in this case."
✅ If you fail to demand a jury trial, your client’s case will typically be heard by a judge rather than a jury:
A judge will decide on both law and fact, which could potentially limit your ability to sway the outcome with emotional arguments or persuasive witness testimony.
The right to a jury trial is waived by failing to assert it in a timely manner.
🚫 Don’t rely on the assumption that a jury trial will automatically be granted; you must demand it explicitly in your Answer.
✅ If the plaintiff fails to demand a jury trial in their complaint:
You still have the opportunity to demand a jury trial in your Answer.
In some jurisdictions, failure to demand a jury trial by the plaintiff may be treated as a waiver of the jury trial right, leaving the judge to decide the case.
🎯 If you’re a defendant and the plaintiff doesn’t demand a jury, take advantage of this potential waiver to strengthen your position.
✅ There are some cases where the right to a jury trial may not apply, including:
Equity cases, where the relief sought is more injunctive or declaratory than monetary.
Certain specialized cases, such as admiralty, family law, or bankruptcy matters, where the right to a jury trial may be limited or non-existent.
Tip: If you’re unsure whether a jury trial applies, review your jurisdiction’s rules or consult with a litigation specialist to confirm your options.
✅ Yes, but only under certain circumstances:
You can withdraw the demand with the consent of the opposing party or with the court’s approval.
Withdrawing the demand usually occurs when both sides agree to have the case tried by the judge due to logistical reasons or the nature of the case.
🚫 Be cautious—withdrawing a jury trial demand should not be taken lightly, as it waives your client’s right to a jury decision.
✅ Demanding a jury trial often shapes your litigation strategy:
Jury trials tend to be more expensive and time-consuming.
However, having a jury trial demand can influence settlement discussions. Often, parties may choose to settle earlier to avoid the risks and costs of a jury trial.
🎯 Including a jury trial demand can help push the case toward settlement, knowing that a jury decision is looming.
In a breach of contract case, the defendant’s attorney:
Reviews the complaint and immediately includes a demand for a jury trial in the Answer.
The case involves substantial factual disputes, and the attorney believes that a jury could be more sympathetic to the defendant’s arguments than a judge.
The demand is clear and timely, securing the defendant’s right to a jury trial.
Result: The case proceeds with a jury trial, and the parties use the threat of a jury trial to open settlement talks, ultimately avoiding a lengthy trial.
The demand for a jury trial is not just a formality—it’s a critical step in protecting your client’s right to a fair trial. By including it in your Answer, you ensure that the case will be decided by a jury when appropriate and that your client’s best interests are fully represented. Don’t risk waiving this valuable right by failing to assert it properly.
At Legal Husk, we help attorneys craft Answers that protect every element of their client’s rights, including the demand for a jury trial.
Need help including a jury trial demand in your Answer or navigating related litigation strategies? Legal Husk ensures that your Answer safeguards all your client’s rights from day one.
📌 Ready to demand your right to a jury trial?
👉 Visit:
🔗 legalhusk.com
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Preserve your client’s right to a jury trial with Legal Husk.
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