(a) Right to jury preserved. The right of trial by jury as declared by the Constitution or as provided by a statute of the state of Idaho is preserved to the parties inviolate.
Rule 38.Jury trial
Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 38 preserves the right to a jury trial on issues that carry that right, but requires a party who wants a jury to make a timely written demand or lose the right by default.
Full Text of Rule 38
(b) Demand for jury. On any issue triable of right by a jury, a party may demand a jury trial, stating in such demand whether the party will stipulate to a jury of less than 12 persons, but at least 6. The demand may be made 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 A proper demand may be withdrawn only if the parties consent.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
The right to a jury trial, wherever the constitution or an Idaho statute provides it, stays intact under Rule 38 — but exercising that right takes action. A party who wants a jury has to serve a written demand, which can ride along inside a pleading, no later than 14 days after the last pleading aimed at the triable issue is served, and then file that demand consistent with Rule 5(d). The demand can also propose a jury smaller than the usual 12, so long as it's still at least 6 people, if the party is willing to stipulate to that.
A party demanding a jury can narrow the demand to particular issues; leaving it unstated means the demand reaches every issue that could go to a jury. If one side demands a jury on only some issues, the other side gets 14 days after being served with that demand, or less if the court shortens it, to demand a jury on any remaining triable issues. None of this is automatic, though — Rule 38(d) makes clear that failing to serve and file a proper demand waives the jury trial right entirely, and once a proper demand is made, it can only be withdrawn if every party consents.
Frequently Asked Questions
How soon do I have to demand a jury trial after the pleadings are done?
Within 14 days after the last pleading directed to the triable issue is served. The demand can be included in a pleading itself, but it still has to be filed under Rule 5(d).
Can I ask for a jury smaller than 12 people?
Yes, if you're willing to stipulate to it. Rule 38(b) allows a demand to propose a jury of fewer than 12, so long as it's still at least 6.
What if I only want a jury to decide some of the issues, not all of them?
You can specify those issues in your demand. If you don't specify anything, the demand is treated as covering every issue triable by a jury. If your demand is limited, any other party gets 14 days after being served to demand a jury on the remaining issues.
What happens if I never file a jury demand?
Rule 38(d) treats that as a waiver of the right to a jury trial on that issue, meaning the court will decide it instead.
Can I withdraw a jury demand once I've made it?
Only with the consent of all the parties. A properly served and filed demand can't be pulled back unilaterally.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
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