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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 Mexico, as in all states, the right to a trial by jury in criminal prosecutions is protected under the Sixth Amendment of the U.S. Constitution. When it comes to civil lawsuits, the New Mexico Constitution also provides for 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 exercise 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 New Mexico Rules of Civil Procedure, typically no later than ten days after the last pleading directed to such issue. Additionally, the party requesting a jury trial may be required to pay a jury fee. If the procedures for requesting a jury trial are not followed, the right may be waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

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New-Mexico State Code

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Civil procedure

right to jury trial