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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 Oklahoma, 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 right to a jury trial is also recognized, but it is not absolute and may be subject to certain limitations depending on the type of claim. The Oklahoma Constitution, in Article 2, Section 19, provides that the right to a jury trial shall be preserved in civil cases as it existed at common law. To exercise this right in a civil matter, a party must typically file a written request for a jury trial and may be required to pay a jury fee. This request must be filed within a specific time frame as dictated by state statutes and court rules, which is generally a reasonable time before the trial is scheduled to commence. Failure to timely request a jury trial or pay the required 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

Oklahoma State Code

Oklahoma State Code

Civil procedure

right to jury trial

Articles