§ Rule 38. Jury Trial of Right

Codes > District of Columbia Official Code > Superior Court > VI. Trials > Rule 38.

Rule 38. Jury Trial of Right

(a) Right Preserved.The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by an applicable statute shall be preserved to the parties inviolate.

(b) Demand.Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required by Rule 5(d). Such demand may be endorsed upon a pleading of the party.

(c) Same: Specification of Issues.In this demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.

(d) Waiver.The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. Subject to the provisions of Rule 38-II, a demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.

(e)[Deleted].