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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 South Carolina, the right to a trial by jury in criminal prosecutions is enshrined in both the United States Constitution and the South Carolina Constitution. For civil lawsuits, the South Carolina Constitution also provides the right to a trial by jury. However, this right is not absolute and may be subject to certain limitations depending on the type of civil claim. To exercise the right to a jury trial in a civil case, a party must typically file a written request, known as a 'demand for jury trial,' 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. The South Carolina Rules of Civil Procedure outline the procedures for requesting a jury trial and any associated fees or deadlines. It is important for parties to be aware of these requirements to ensure their right to a jury trial is preserved.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

South-Carolina State Code

South-Carolina State Code

Civil procedure

right to jury trial

Articles