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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 Maine, the right to a trial by jury in criminal prosecutions is protected under the Sixth Amendment of the U.S. Constitution, ensuring that anyone accused of a crime has the right to a jury of their peers. For civil lawsuits, the Maine Constitution, in Article I, Section 20, provides the right to a trial by jury. However, this right is not absolute and may not apply to all civil cases. To invoke the right to a jury trial in a civil matter in Maine, a party must typically file a written demand for a jury trial within a certain time frame as prescribed by the Maine Rules of Civil Procedure, specifically Rule 38. Additionally, the party requesting a jury trial may be required to pay a jury fee. If the demand is not made in the manner and within the time specified, the right to a jury trial may be waived. It's important for parties to be aware of these procedural requirements to ensure their right to a jury trial is preserved.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Maine State Code

Maine State Code

Civil procedure

right to jury trial

Articles