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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 Florida, 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 Florida Constitution similarly guarantees the right to a jury trial, but this right is typically limited to certain types of cases, such as those involving legal, as opposed to equitable, claims. To exercise the right to a jury trial in a civil case, a party must usually make a formal request for a jury trial by filing a written demand. This demand must be filed within a specific time frame as dictated by the Florida Rules of Civil Procedure, typically no later than 10 days after the last pleading directed to such issue. Additionally, the party requesting a jury trial may be required to pay a jury fee. If the procedures for requesting a jury trial are not followed, the right may be waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

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Florida State Code

Florida State Code

Civil procedure

right to jury trial

Articles