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 Mississippi, the right to a trial by jury in civil cases is protected under both the United States Constitution and the Mississippi Constitution. The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in federal civil cases where the value in controversy exceeds twenty dollars. Similarly, Article 3, Section 31 of the Mississippi Constitution ensures that the right to a jury trial is preserved in suits at common law where the amount in controversy exceeds $75. However, this right is not absolute and does not apply to all types of civil cases. For instance, small claims courts typically do not provide for jury trials. To exercise the right to a jury trial in a civil matter in Mississippi, a party must make a formal request by filing a written demand for a jury trial with the court. This request must be filed within a time frame set by the Mississippi Rules of Civil Procedure, generally no later than 30 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, which is set by state law or court rules. Failure to make a timely request or to pay the required fee may result in the waiver of the right to a jury trial.