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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 Minnesota, 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. In civil cases, the right to a jury trial is also recognized, but it is not absolute and may be subject to certain limitations. Under the Minnesota Rules of Civil Procedure, Rule 38.02, a party seeking a jury trial in a civil matter must file a written demand for a jury trial within 10 days after the service of the last pleading directed to such issue. Additionally, a jury fee must be paid unless waived due to financial hardship. The right to a jury trial in civil cases in Minnesota may be limited to certain types of claims, and not all civil disputes may be eligible for a jury trial. It is important for parties to be aware of these requirements and to timely assert their right to a jury trial if they wish to have one.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Minnesota State Code

Minnesota State Code

Civil procedure

right to jury trial

Articles