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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 Tennessee, the right to a trial by jury in criminal prosecutions is protected under the Sixth Amendment of the U.S. Constitution. For civil lawsuits, the Tennessee Constitution, in Article I, Section 6, similarly guarantees the right to a jury trial. However, this right in civil cases is not absolute and may be subject to limitations depending on the type of claim. To invoke the right to a jury trial in a civil matter in Tennessee, a party must typically file a written demand for a jury trial within a certain time frame as prescribed by the Tennessee Rules of Civil Procedure, specifically Rule 38.03, which states that the demand must be made no later than 30 days after the last pleading directed to such issue. Additionally, the party requesting a jury trial may be required to pay a jury fee to the court to cover the costs associated with assembling the jury.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

Civil procedure

right to jury trial

Articles