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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 Dakota, the right to a trial by jury in criminal prosecutions is protected under the Sixth Amendment of the United States Constitution. For civil lawsuits, the South Dakota Constitution, in Article VI, also secures the right to a jury trial. However, this right is not absolute and may be subject to limitations depending on the type of civil claim. To invoke the right to a jury trial in a civil case, a party must typically file a written demand for a jury trial within a specified time frame as dictated by state statutes or court rules. Additionally, the party requesting a jury trial may be required to pay a jury fee. The specific procedures and requirements for requesting a jury trial, including the timing and the amount of the jury fee, are outlined in the South Dakota Codified Laws and the rules of the relevant court.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

South-Dakota State Code

Civil procedure

right to jury trial

South-Dakota State Code

Articles