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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 York, the right to a trial by jury in civil cases is enshrined in the New York State Constitution, as well as in the Civil Practice Law and Rules (CPLR). This right, however, is subject to certain types of claims and thresholds. For instance, in most civil cases, a party seeking a jury trial must file a demand for a jury trial and pay any required fee within a specified time frame, which is generally not less than 15 days after the service of the last pleading directed to such issue. If the party does not comply with these procedural requirements, the right to a jury trial may be waived. Additionally, small claims court cases typically do not involve jury trials. It's important for parties to be aware of the specific rules and procedures governing jury trials in the jurisdiction where their case is being heard to ensure that they properly assert and preserve their right to a jury trial.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Civil procedure

right to jury trial

Articles