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 Arizona, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, ensuring that anyone accused of a crime has the right to a trial by an impartial jury. In civil cases, the Arizona Constitution, specifically Article 2, Section 23, provides for the right to a jury trial. However, this right is not absolute and may be limited to certain types of civil claims. For instance, small claims cases typically do not involve a jury. To exercise the right to a jury trial in a civil matter in Arizona, a party must affirmatively request it by filing a written demand for a jury trial with the court. This request must be filed within a specific time frame as dictated by the Arizona Rules of Civil Procedure, usually no later than the time of the pretrial conference or within a certain number of days after the last pleading directed to such issue is served. Additionally, the party requesting a jury trial may be required to pay a jury fee to the court to cover the cost of impaneling a jury.