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Civil procedure

right to jury trial

The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.

In Alabama, the right to a trial by jury in criminal prosecutions is enshrined in both the United States Constitution and the Alabama Constitution. For civil lawsuits, the Alabama Constitution also provides the right to a trial by jury, but this right is typically limited to certain types of claims. To exercise this right in a civil matter, a party must affirmatively request a jury trial by filing a written demand. This request must be submitted within a specific time frame as dictated by Alabama procedural rules, typically not less than 30 days before the date set for trial or such other time as prescribed by the court. Additionally, the party requesting a jury trial may be required to pay a jury fee. If the procedures for requesting a jury trial are not followed, the right may be waived. It's important for parties to be aware of these requirements and deadlines to ensure their right to a jury trial is preserved.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Alabama State Code

Alabama State Code

Civil procedure

right to jury trial

Articles