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 Colorado, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, and Article II, Section 23 of the Colorado Constitution. For civil cases, the right to a jury trial is also recognized, as provided by the Seventh Amendment of the U.S. Constitution and the Colorado Constitution (Article II, Section 23). However, this right in civil matters is not absolute and may be subject to certain limitations depending on the type of claim. In Colorado, to exercise the right to a jury trial in a civil case, a party must typically file a written demand for a jury trial with the court and pay any required jury fee within a specific time frame before the trial begins. The exact time frame and procedures for requesting a jury trial in civil cases are governed by the Colorado Rules of Civil Procedure. Failure to timely request a jury trial or pay the jury fee may result in the right being waived.