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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 Georgia, the right to a trial by jury in civil cases is enshrined in the Georgia Constitution and state statutes. This right, however, is not absolute and may be subject to certain limitations depending on the type of civil claim. For instance, small claims cases typically do not involve jury trials. To exercise the right to a jury trial in eligible civil matters, a party must make a formal request by filing a written demand for a jury trial. This demand must be filed within a specific time frame as prescribed by Georgia law, which is generally at the time of filing the answer or shortly thereafter, depending on the specific rules of the court. Additionally, the party requesting a jury trial may be required to pay a jury fee. Failure to timely request a jury trial or pay the required fee may result in the right being waived. It is important for parties to be aware of these procedural requirements to ensure their right to a jury trial is preserved.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Civil procedure

right to jury trial

Articles