During any civil case, the defendant has the right for the case to be tried by a jury. This is governed under Idaho Civil Rule 38, which reaffirms a party’s constitutional right to a jury trial. It states that, if the issue can be tried by a jury, then the party can demand a jury be made up of 6 to 12 people. This demand can be made by serving the other parties with a written demand. It can also be located in the pleading. However, the demand for a jury trial has to be made no later than 14 days after the last pleading on the issue is served.
A party can also choose to only have certain issues tried by a jury, but most state so with specificity. If there is not, then a demand for a jury trial is assumed to be for all issues that can be tried by a jury. If there is no demand for a jury trial at all, then it is assumed to be waived under this rule.
Idaho Civil Rule 38: Jury Trial
- Right to jury preserved. The right of trial by jury as declared by the Constitution or as provided by a statute of the state of Idaho is preserved to the parties inviolate.
- Demand for jury. On any issue triable of right by a jury, a party may demand a jury trial, stating in such demand whether the party will stipulate to a jury of fewer than 12 persons, but at least 6. The demand may be made by:
- 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
- filing the demand in accordance with Rule 5(d).
- 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 A proper demand may be withdrawn only if the parties consent.
Southeast Idaho Personal Injury Lawyers
After an accident, you may feel overwhelmed with medical bills, lost wages, property damage costs, etc. Contact an experienced personal injury lawyer from Brent Gordon Law Firm to handle your case. Let us help you deal with the insurance companies, medical bills, lost wages, and property damages resulting from an accident. We’ll fight to get you every penny you deserve. No attorney fees will be collected until we settle. Call now for a free consultation at (208) 552-0467.
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Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467
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Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274
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