(a) Exercise of Right. Upon the filing of a demand and the simultaneous payment of the requisite jury fee by any party in actions wherein a trial by jury is provided by constitution or by statute, including actions for the recovery of specific real or personal property, with or without damages, or for money claimed as due on contract, or as damages for breach of contract, or for injuries to person or property, all issues of fact shall be tried by a jury. The jury fee is not refundable; however, a demanding party may waive that party's demand for trial by jury pursuant to section (e) of this rule.
Rule 38.Right to Trial by Jury
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 38 lets a party in Colorado demand a jury trial in the specific kinds of civil cases the rule lists, but only if the party files a timely demand and pays the required jury fee — skipping either step waives the right.
Full Text of Rule 38
(b) Demand. Any party may demand a trial by jury of any issue triable by a jury by filing and serving upon all other parties, pursuant to Rule 5(d), a demand therefor at any time after the commencement of the action but not later than 14 days after the service of the last pleading directed to such issue, except that in actions subject to mandatory arbitration under Rule 109.1 the demand for trial by jury shall be filed and served not later than 14 days following a demand for trial de novo. A demand for trial by jury may be endorsed upon a pleading. The demanding party shall pay the requisite jury fee upon the filing of the demand.
(c) Jury Fees. When a party to an action has exercised the right to demand a trial by jury, every other party to such action shall also pay the requisite jury fee unless such other party, pursuant to Rule 5(d), files and serves a notice of waiver of the right to trial by jury within 14 days after service of the demand.
(d) Specification of Issues. A demand may specify the issues to be tried to the jury; in the absence of such specification, the party filing the demand shall be deemed to have demanded trial by jury of all issues so triable. If a party demands trial by jury on fewer than all of the issues so triable, any other party, within 14 days after service of the demand, may file and serve a demand for trial by jury of any other issues so triable.
(e) Waiver; Withdrawal. The failure of a party to file and serve a demand for trial by jury and simultaneously pay the requisite jury fee as required by this Rule constitutes a waiver of that party's right to trial by jury. A demand for trial by jury made pursuant to this rule may not subsequently be withdrawn in the absence of the written consent of every party who has demanded a trial by jury and paid the requisite jury fee and of every party who has failed to waive the right to trial by jury and paid the requisite jury fee.
Amendment History
Repealed and readopted July 12, 1990, effective September 1, 1990. Amended effective January 1, 2012.
Plain-English Summary
Colorado's constitution does not guarantee a right to jury trial in civil cases. That right exists only because Rule 38 creates it, and only for the kinds of actions the rule names: recovering specific real or personal property, money owed on a contract, damages for breaking a contract, and injuries to person or property, plus any action where some other statute grants a jury. Everything else is tried to the judge unless a party demands and pays for a jury.
To get a jury, a party must file and serve a demand within 14 days after the last pleading aimed at the triable issue is served, and pay the jury fee at the same time. In a case that went through mandatory arbitration, the 14 days instead run from a demand for a new trial. The fee is not refundable, even if the case settles or the demand is later withdrawn.
Once one party demands and pays, every other party has to choose: pay the fee too, or file a written waiver within 14 days. A demand can specify which issues go to the jury; leaving that blank means every triable issue does. And once made, a jury demand cannot be pulled back unless every party who paid the fee, and every party who never waived, agrees in writing.
Frequently Asked Questions
Is there a constitutional right to a jury trial in Colorado civil cases?
No. Colorado's constitution does not guarantee civil litigants a jury trial. The right exists only because Rule 38 creates it, and only in the kinds of cases the rule lists or where some other statute grants one.
What happens if I miss the 14-day deadline to demand a jury?
You lose the right to a jury trial. Rule 38 treats a missed or unpaid demand as a waiver, and the case proceeds to a bench trial before the judge.
Do I have to pay a fee to get a jury trial?
Yes. The party demanding a jury must pay the jury fee when filing the demand, and every other party who wants a jury on the same issues must pay it too, or file a written waiver within 14 days.
Can a party withdraw a jury demand once it is made?
Only with the written consent of every party who demanded a jury and paid the fee, and every party who did not waive the right and paid the fee. One party cannot unilaterally cancel a jury trial that others are relying on.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 38). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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