(a) Right preserved. The right of trial by jury as given by the Constitution or a statute of the State or the United States shall be preserved to the parties inviolate.
Rule 38.Jury Trial of Right.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 38 preserves the right to a jury trial and sets out how a party must demand one or else give it up.
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 (1) 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, and (2) filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party. Where by statute a jury trial is allowed on appeal to the circuit court from the prior determination of any court or administrative body, a trial by jury may be had if demanded in the notice of appeal, and if not demanded in the notice, the appellee may have a trial by jury by filing a demand within 10 days after the case is docketed in the circuit court.
(c) Same: Specification of issues. In its demand a party may specify the issues which it 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.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
The right to a jury trial, wherever the state or federal constitution or a statute grants it, stays intact under this rule. To claim it, a party must serve a written demand on the other parties and file it, and must do so no later than 10 days after the last pleading on the triable issue is served; the demand can also be written on a pleading instead of filed separately. On an appeal to circuit court where a statute allows a jury, the demand can be made in the notice of appeal, or the appellee can demand one within 10 days after the case is docketed if the appellant didn't ask for one.
A party can narrow its demand to specific issues; if it doesn't specify, the demand covers every triable issue in the case. Once one party has narrowed its demand, any other party gets 10 days (or whatever shorter time the court sets) to demand a jury on the remaining issues. Failing to serve and file a timely demand waives the right to a jury altogether, and once a proper demand has been made, it can be withdrawn only if every party agrees.
Frequently Asked Questions
How does a party ask for a jury trial?
By serving a written demand on the other parties and filing it, no later than 10 days after the last pleading directed to the triable issue is served.
What happens if a party never demands a jury?
Under Rule 38(d), failing to serve and file a timely demand waives the right to a jury trial on the issues not demanded.
Can a jury demand be limited to certain issues?
Yes. A party may specify which issues it wants tried by jury; if it doesn't specify, the demand is treated as covering all triable issues in the action.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 38). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: jury trial demandright to jury trialwaiver of jury trial