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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 Montana, 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 Montana Constitution also provides for the right to a jury trial, as outlined in Article II, Section 26. However, this right is not absolute and may be subject to certain limitations depending on the type of civil claim. To invoke the right to a jury trial in a civil matter in Montana, a party must typically file a written demand for a jury trial with the court and pay any required jury fee within a specified time frame before the trial begins. The specific rules and procedures for requesting a jury trial in civil cases are governed by the Montana Rules of Civil Procedure. Failure to timely request a jury trial or pay the associated fee may result in the waiver of the right to a jury trial.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Civil procedure

right to jury trial

Articles