Civil Procedure Multistate Bar Practice Exam

What is the time frame for making a jury demand in writing?

1. Within 30 days after the last pleading

2. No later than 14 days after service of the last pleading

3. At least 21 days before the trial

4. Once the trial begins

The correct answer is: No later than 14 days after service of the last pleading

The time frame for making a jury demand in a civil case is typically governed by the rules of civil procedure, which stipulate that the demand must be made in writing no later than 14 days after service of the last pleading. This timeframe ensures that all parties are adequately informed about the desire for a jury trial, allowing time for preparation and any necessary adjustments to trial strategy. This demand must be adhered to for the right to a jury trial to be preserved; failing to make a timely written demand can result in the waiver of the right to a jury trial. This rule reflects the importance of procedural clarity and the need for parties to communicate their intentions regarding a jury trial at an early stage in the litigation process to facilitate the efficient management of the court’s docket. The other options do not align with the procedural rules governing jury trials. A timeframe of 30 days after the last pleading is not correct, as the specific requirement is shorter. Requiring a demand to be made at least 21 days before the trial does not reflect the established timeline and could potentially lead to confusion regarding deadlines. Lastly, waiting until the trial begins to make a jury demand would not comply with the requirement for timely notice, potentially forfeiting the right to a jury trial altogether.