a Right preserved. The right of trial by jury is preserved to the parties inviolate. On any issue triable of right by a jury, a party need not file a written demand or take any other action in order to preserve its right to trial by jury.
Rule 38.Right to a jury trial; waiver.
Last amended January 1, 2019 · Last verified July 1, 2026
In one sentenceRule 38 preserves the right to a jury trial and lets the parties waive it only through a written stipulation filed no later than 30 days before trial, or a later waiver approved by the court.
Full Text of Rule 38
b Waiver. The parties may be deemed to have waived, under these rules, a right to trial by jury only if they affirmatively waive that right by filing a written stipulation, signed by all parties who appear at trial, at any time after the action is commenced, but no later than 30 days before the trial is scheduled to begin. The stipulation may not be combined with any other motion or pleading. In the stipulation, the parties may specify any issues that they wish to have tried by a jury; otherwise, the parties will be deemed to have waived trial by a jury on all issues. Alternatively—with court approval and subject to such conditions that the court considers proper, including but not limited to the assessment of jury fees—all parties who appear at trial may waive the right to a jury trial later than 30 days before the trial is scheduled to begin either by written stipulation or oral stipulation in open court and entered in the minutes.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-18-0018, effective January 1, 2019.
Plain-English Summary
The right to a jury trial is preserved to the parties, and a party does not need to file any special demand to keep that right alive — unlike some other jurisdictions, Arizona treats the jury trial as the default rather than something a party must affirmatively request. Because the right is the default, Rule 38 instead focuses on how it can be given up.
Waiver requires an affirmative step: a written stipulation, signed by every party who appears at trial, filed no later than 30 days before the scheduled trial date. The parties can tailor the stipulation to specific issues, reserving a jury for some questions while waiving it on others; if the stipulation does not spell out particular issues, the parties are treated as having waived a jury on everything. A stipulation to waive the jury cannot be tucked inside another motion or pleading — it has to stand on its own.
Waiving the right later than 30 days before trial is still possible, but only with the court's approval and on whatever conditions the court considers appropriate, including the assessment of jury fees, and it can be accomplished either in writing or orally in open court with the waiver entered in the minutes.
Frequently Asked Questions
Does a party have to request a jury trial to get one?
No. The right to a jury trial is preserved by default; a party need not file a demand or take any other action to keep the right available.
How do parties waive a jury trial?
By filing a written stipulation signed by every party appearing at trial, no later than 30 days before the scheduled trial date, and not combined with any other motion or pleading.
Can the parties waive a jury trial on some issues but not others?
Yes. The stipulation can specify which issues will be tried to a jury; if it does not name specific issues, the parties are deemed to have waived a jury trial altogether.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 38). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: jury trial waiverright to jury trial