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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 New Hampshire, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, and Article 15 of the New Hampshire Constitution further secures this right. For civil cases, the right to a jury trial is also recognized, but it may be subject to certain limitations depending on the type of claim. New Hampshire Rule of Civil Procedure 38 governs the procedure for demanding a jury trial in civil matters. A party seeking a jury trial must file a written demand with the court and serve it upon the other parties within a specified time frame, which is generally not later than 10 days after the service of the last pleading directed to such issue. Additionally, a jury fee must be paid in accordance with the court's requirements. Failure to make a timely demand for a jury trial may result in the waiver of the right.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

New-Hampshire State Code

New-Hampshire State Code

Civil procedure

right to jury trial

Articles