Montana Rules of Civil Procedure R. 38
Rule 38. Right to a Jury Trial; Demand.
Terms Used In Montana Rules of Civil Procedure R
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)Right Preserved. The right of trial by jury as declared by the Montana Constitution — or as provided by a Montana statute — is preserved to the parties inviolate.
(b)Demand. On any issue triable of right by a jury, a party may demand a jury trial by:
(1)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
(2)filing the demand in accordance with Rule 5(d).
(c)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.
(d)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 A proper demand may be withdrawn only if the parties consent.