Which statement best describes how to preserve the right to a jury trial in a civil case?

Which statement best describes how to preserve the right to a jury trial in a civil case?

• A. A party may file a demand for a jury trial or a note of issue for a jury trial; other parties may file their own demands
• B. Jury trials are automatic in civil cases
• C. Only the plaintiff may demand a jury trial
• D. Jury trials are not allowed in provisional remedy actions

Answer: (A)

Preserving the right to a jury trial hinges on taking timely action to request it. In civil cases, you don’t automatically get a jury—you signal your desire for one by either filing a demand for a jury trial or filing a note of issue for a jury trial. Either approach puts the court on notice that the case should be tried by a jury. Importantly, other parties may file their own demands, so the jury option can be maintained for all sides. If no timely demand or note of issue is filed, the right to a jury trial is typically waived and the case proceeds as a bench trial. Provisional remedy actions are usually decided by the court without a jury, so they don’t generally involve jury trials.

Preserving the right to a jury trial hinges on taking timely action to request it. In civil cases, you don’t automatically get a jury—you signal your desire for one by either filing a demand for a jury trial or filing a note of issue for a jury trial. Either approach puts the court on notice that the case should be tried by a jury. Importantly, other parties may file their own demands, so the jury option can be maintained for all sides. If no timely demand or note of issue is filed, the right to a jury trial is typically waived and the case proceeds as a bench trial. Provisional remedy actions are usually decided by the court without a jury, so they don’t generally involve jury trials.