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 Pennsylvania, the right to a trial by jury in criminal cases 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. Pennsylvania's state constitution and statutes provide for jury trials in civil matters, but this right typically applies to cases involving legal remedies (such as monetary damages) rather than equitable remedies (such as injunctions or specific performance). To invoke the right to a jury trial in a civil case, a party must usually make a formal request, known as a 'demand for a jury trial,' and this must be done within a specific time frame as dictated by state procedural rules. Additionally, the party requesting a jury trial may be required to pay a jury fee. If the procedures are not followed or the demand is not made within the prescribed time, the right to a jury trial may be waived.