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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 Delaware, 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 jury trial. In civil cases, the Delaware Constitution also provides for the right to a jury trial, but this right is typically limited to certain types of disputes, such as those involving legal rights rather than equitable remedies. To invoke the right to a jury trial in a civil matter, a party must usually make a formal request for a jury trial by filing a written demand. This demand must be filed within a specific time frame as dictated by the rules of the court in which the case is being heard. Additionally, the party requesting a jury trial may be required to pay a jury fee. The specific procedures and requirements for requesting a jury trial in civil cases can vary depending on the court's rules and the nature of the claim.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Civil procedure

right to jury trial

Articles