(a) Right Preserved. The right of trial by jury as declared by section 16 of article I of the constitution, or as given by a statute of the state, shall be preserved to the parties inviolate.
Rule 38.Jury Trial.
Last amended July 15, 1994 · Last verified July 6, 2026
In one sentenceRule 38 preserves the right to a jury trial and sets the deadline and procedure for demanding one, while a party who misses that deadline waives the right.
Full Text of Rule 38
(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand shall be made in a separate written document signed by the party making the demand or by the party’s attorney.
(c) Demand—Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
(d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. A party’s consent to withdraw the jury trial demand may be implied by a failure to appear at trial.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 66 effective July 1, 1964; by SCO 74 effective January 25, 1965; by SCO 465 effective June 1, 1981; by SCO 620 effective June 15, 1985; and by SCO 1153 effective July 15, 1994)
Notes
Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(b) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d)–(k), enacted in Section 8, have the effect of amending Civil Rule 38 by requiring a court trial in matters involving public health.
Plain-English Summary
The right to a jury trial guaranteed by the Alaska Constitution or by statute is preserved without qualification. Any party may demand a jury trial on any issue that's triable of right by a jury, by serving a separate written demand any time after the case begins and no later than 10 days after the last pleading raising that issue is served. A party can limit its demand to specific issues; if it does, any other party has 10 days (or less, if the court so orders) to demand a jury trial on the remaining issues.
A party that doesn't serve and file a timely demand waives the right to a jury trial, and once made, a jury demand can't be withdrawn without every party's consent — consent that can be implied if a party fails to show up for trial. Separately, state law requires a public health emergency case involving certain statutory provisions to be tried to the court rather than a jury.
Frequently Asked Questions
How do I ask for a jury trial in an Alaska civil case?
Serve a separate written demand on the other parties no later than 10 days after the last pleading raising the issue you want a jury to decide.
What happens if I miss the deadline to demand a jury trial?
You waive the right to a jury trial on that issue; once made, though, a jury demand can't be withdrawn without every party's consent.
Are all civil cases eligible for a jury trial?
No — certain public health emergency matters must be tried to the court rather than a jury under a specific state law amendment.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 38). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: demanding a jury trial Alaska civil casejury trial deadline Alaska rulewaiving jury trial AlaskaAlaska R. Civ. P. 38