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 Idaho, as in all states, the right to a trial by jury in criminal prosecutions is protected under the Sixth Amendment of the U.S. Constitution. When it comes to civil lawsuits, the Idaho Constitution also preserves the right to a jury trial, as stated in Article I, Section 7. However, this right is typically limited to certain types of civil claims, particularly those seeking legal remedies as opposed to equitable remedies. To exercise the right to a jury trial in a civil case, a party must affirmatively request it by filing a written demand for a jury trial with the court. This request must be made within the time frame set by the Idaho Rules of Civil Procedure, specifically Rule 38, which generally requires the demand to be served no later than 14 days after the service of the last pleading directed to such issue. Additionally, the party requesting a jury trial may be required to pay a jury fee, as determined by the specific court's fee schedule. Failure to make a timely demand for a jury trial may result in the right being waived.