What must a party do to ensure their right to a jury trial in a civil trial?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To ensure the right to a jury trial in a civil case, a party must provide a written demand within 14 days after the last pleading. This requirement is based on California Rule of Court, which outlines the procedural steps necessary to preserve the right to a jury trial. The timely filing of a written demand serves as a formal indication of the party's intention to have the issues decided by a jury, ensuring that both the court and the opposing party are put on notice.

Filing a notice of intent to seek a jury trial 30 days before the trial is not correct because the timeframe does not align with the requirements established for making a jury demand. Requesting a jury trial in the initial complaint is also not sufficient on its own, as a written demand must be made following the last responsive pleading. Lastly, submitting a motion for a jury trial during the trial does not comply with procedural rules, as the right to a jury trial needs to be asserted in a timely manner prior to the trial commencing. Thus, providing the written demand within the specified timeframe is key to securing the right to a jury trial in a civil case.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy