§ Rule 38 Jury Trial of Right in the Superior Court
Rule 38. Jury Trial of Right in the Superior Court
(a) Right Preserved; Number. The right of trial by jury as declared by the Constitution of the State of Maine or as given by a statute shall be preserved to the parties inviolate.
(b) Demand. In an action in the Superior Court, any plaintiff may demand a trial by jury of any issue triable of right by a jury by filing a demand and paying the fee therefor as required by the scheduling order entered by the court. [FN*] For cases required to have an alternative dispute resolution conference pursuant to Rule 16B, payment of the jury fee shall be made as required by Rule 16B(i).
(c) Same: Specification of Issues. In the 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 a plaintiff demands trial by jury for none or only some of the issues, the defendant shall file within 10 days a demand for trial by jury of any other or all of the issues of fact in the action and, in the absence of a demand by the plaintiff, pay the jury fee upon filing the demand.
(d) Waiver. The failure of a party to make a demand and pay the fee as required by this rule constitutes a waiver by that party of trial by jury; provided that for any reason other than a party's own neglect or lack of diligence, the court may allow a party to file and serve a demand upon all other parties within such time as not to delay the trial.
(e) Withdrawal. A demand for trial by jury made as provided in this rule may not be withdrawn without the consent of all parties.
[FN*] This amendment is effective for cases filed on and after January 1, 2002.