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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 West Virginia, 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 West Virginia Constitution also upholds the right to a jury trial, as stated in Article III, Section 13. However, this right is not absolute and may be subject to 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 formal request, known as a demand for a jury trial, and may be required to pay a jury fee. This request must be filed within a specific time frame before the trial date, as dictated by the West Virginia Rules of Civil Procedure. Failure to make a timely request or to pay the required fee may result in the right being waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

West-Virginia State Code

West-Virginia State Code

Civil procedure

right to jury trial

Articles