Rule 38 Jury Trial of Right

Right Preserved. The right of trial by jury as provided by a Commonwealth statute is preserved to the parties inviolate.

Demand. Any party may demand a trial by jury of any issue triable of right by a jury by:

(1) serving the other parties with a written demand—which may be included in a pleading—at any time after the commencement of the action and not later than 60 days after the last pleading has been filed;

(2) filing the demand as required by Rule 5(d); and

(3) paying the jury trial fee and expenses established by the court on or before the date the demand is filed.

Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury.

Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn no later than 45 days prior to trial and only if parties consent. [Reserved]

Jury Fee Non-Refundable. Jury fees are non-refundable.