§ Rule 38 Jury trial of right

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Rule 38. Jury trial of right

    (a) Jury Trial of Right--Right Preserved. The right of trial by jury as declared by the Constitution or as given by a statute of the state of Idaho shall be preserved to the parties inviolate except in the small claims department.

    (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than fourteen (14) days after the service of the last pleading directed to such issue. Provided, in appeals for a trial de novo in small claims to an attorney magistrate, such demand must be served upon the opposing party not later than fourteen (14) days after service of the notice of appeal upon the respondent. Such demand may be indorsed upon a pleading of the party. Any party demanding a jury trial in district court should state in such demand whether or not said party will stipulate to a six person jury or a jury consisting of any other number of persons less than twelve.

    (c) Demand--Specification of Issues. In a 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 ten (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 a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A waiver of trial by jury is not revoked by an amendment of a pleading asserting only a claim or defense arising out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.