Fed. R. Civ. P. 38
Right to a Jury Trial; Demand
(a) Right Preserved.
The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.
(b) Demand.
On any issue triable of right by a jury, a party may demand a jury trial by:
(1)
serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and
(2)
filing the demand in accordance with Rule 5(d).
(c) 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.
(d) Waiver; Withdrawal.
A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.
(e) Admiralty and Maritime Claims.
These rules do not create a right to a jury trial on issues in a claim that is an admiralty or maritime claim under Rule 9(h).
(As amended Feb. 28, 1966 , eff. July 1, 1966 ; Mar. 2, 1987 , eff. Aug. 1, 1987 ; Apr. 22, 1993 , eff. Dec. 1, 1993 ; Apr. 30, 2007 , eff. Dec. 1, 2007 ; Mar. 26, 2009 , eff. Dec. 1, 2009 .)