(a) RIGHT PRESERVED. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by an applicable statute—is preserved to the parties inviolate.
Rule 38.Right to a Jury Trial; Demand
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 38 preserves the right to a jury trial and requires a party to serve a written demand no later than 14 days after the last pleading directed to the triable issue is served and file that demand under Rule 5(d), or the right is waived.
Full Text of Rule 38
(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 A proper demand may be withdrawn only if the parties consent.
(e) [Deleted].
Comments
2017 Amendments:
This rule is substantially similar to Federal Rule of Civil Procedure 38, as amended in 2007 and 2009, but maintains two local distinctions—1) in subsection (a), the phrase “applicable statute” is substituted for “federal statute”; 2) subsection (e) addressing admiralty and maritime claims is omitted.
Comment:
Rule 38 is substantially similar to Federal Rule of Civil Procedure 38 except for the deletion of section (e) thereof pertaining to admiralty and maritime claims and the substitution of "applicable statute" for "statute of the United States" in section (a).
Plain-English Summary
Rule 38(a) preserves the right to a jury trial guaranteed by the Seventh Amendment, or by any applicable statute, and calls it inviolate — but that right isn't self-executing. A party who wants a jury has to ask for one, in writing, and serve that demand on the other parties no later than 14 days after the last pleading directed to the triable issue is served, then file it under Rule 5(d). Miss the 14-day service deadline, and Rule 38(d) makes the consequence plain: the right is waived.
A demand doesn't have to cover the whole case. Rule 38(c) lets a party specify which issues it wants tried to a jury; say nothing about scope, and the demand is read to cover every triable issue. If one party demands a jury on only some issues, any other party gets a fallback — within 14 days of being served with that demand, or a shorter time the court sets, that other party can serve its own demand reaching the remaining triable issues.
Once a jury demand is properly made, it isn't easily undone. Rule 38(d) allows withdrawal only if every party consents, which keeps one side from unilaterally taking back a demand that another party may have been relying on in preparing for trial.
Frequently Asked Questions
How do I preserve my right to a jury trial in a D.C. Superior Court civil case?
You must serve a written demand for a jury trial — which can be included in a pleading — no later than 14 days after the last pleading directed to the triable issue is served, and file that demand under Rule 5(d). Miss that deadline and the right is waived.
If I demand a jury trial, does it automatically cover every issue in my case?
Yes, unless you say otherwise. Rule 38(c) lets you specify particular issues for jury trial; if your demand is silent on scope, it is treated as a demand for a jury trial on every issue triable by a jury.
What if the other side only demanded a jury trial on some issues — can I get the rest tried to a jury too?
Yes. Rule 38(c) gives you 14 days after being served with that partial demand, or a shorter time the court sets, to serve your own demand covering any other triable issues.
Can I withdraw a jury demand once I've made it?
Only with the consent of all parties. Rule 38(d) does not allow a party to unilaterally withdraw a properly made jury demand.
What happens if I never file a written jury demand?
Rule 38(d) states plainly that a party waives a jury trial unless a demand is properly served and filed within the rule's deadline.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as: dc jury demand deadlinehow to demand a jury trial dc superior courtwaiver of jury trial dc civil rules14 days jury demand dc