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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 California, the right to a trial by jury in criminal prosecutions is enshrined in the United States Constitution, specifically in the Sixth Amendment, which is applicable to the states through the Fourteenth Amendment. For civil lawsuits, the California Constitution also provides for the right to a jury trial, but this right is typically limited to cases involving legal issues rather than equitable issues. To invoke the right to a jury trial in a civil case, a party must file a demand for a jury trial with the court and pay the required jury fee. This demand must be filed within a specific time frame as prescribed by the California Code of Civil Procedure, generally no later than 30 days after the service of the last permissible pleading. If the demand is not timely filed and the fee not paid, the right to a jury trial may be waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

California State Code

Civil procedure

right to jury trial

California State Code

Articles