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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 Massachusetts, the right to a trial by jury in civil cases is protected under both the United States Constitution and the Massachusetts Constitution. The Massachusetts Constitution specifically provides for the right to a jury trial in civil cases in Part the First, Article XV. However, this right is not absolute and may be subject to certain limitations depending on the type of civil claim. To exercise the right to a jury trial in a civil matter in Massachusetts, a party must typically file a written demand for a jury trial, known as a 'jury demand,' along with the payment of any required jury fee. This demand must be filed within a specific time frame as prescribed by the Massachusetts Rules of Civil Procedure, generally no later than the date of the pre-trial conference or within ten days after the last pleading directed to such issue. Failure to timely request a jury trial may result in the right being waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Civil procedure

right to jury trial

Articles