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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 North Carolina, the right to a trial by jury in criminal prosecutions is enshrined in both the United States Constitution and the North Carolina Constitution. For civil lawsuits, the North Carolina Constitution also guarantees the right to a jury trial, but this right is typically limited to certain types of disputes, such as those involving legal rights rather than equitable remedies. To invoke the right to a jury trial in a civil case, a party must usually make a formal request for a jury trial by filing a written demand. This demand must be filed within a specific time frame as dictated by the North Carolina Rules of Civil Procedure, typically no later than 10 days after 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 local court rules. Failure to timely request a jury trial or comply with the procedural requirements can result in the right being waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

North-Carolina State Code

North-Carolina State Code

Civil procedure

right to jury trial

Articles