(a) Right preserved. The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as provided by a state statute, is preserved to the parties inviolate.
K.S.A. 60-238.Right of trial by jury; demand; waiver
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-238 preserves the constitutional right to a jury trial in Kansas civil cases, requires a party to demand it in writing and file the demand within 14 days after the last pleading on the triable issue, and treats the right as waived if that demand isn't properly served and filed.
Full Text of K.S.A. 60-238
(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 K.S.A. 60-205, and amendments thereto.
(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, but the court may set aside a waiver of a jury trial in the interest of justice or when the waiver inadvertently results. A proper demand may be withdrawn only if the parties consent.
Amendment History
L. 1963, ch. 303, 60-238; L. 1997, ch. 173, § 21; L. 2010, ch. 135, § 107; July 1.
Plain-English Summary
Kansas's constitution guarantees the right to a jury trial, and K.S.A. 60-238(a) preserves that right inviolate for any issue a state statute or the bill of rights makes triable by jury. But the right doesn't enforce itself -- a party has to demand it. Subsection (b) requires serving the other parties with a written demand, which can be included in a pleading, no later than 14 days after the last pleading directed to the triable issue is served, and then filing that demand under K.S.A. 60-205.
A party demanding a jury trial can narrow the request to specific issues; if it doesn't specify, the demand covers every triable issue in the case. If one party demands a jury on only some issues, any other party gets 14 days after being served with that demand (or a shorter time the court sets) to demand a jury trial on the remaining factual issues.
Miss the deadline, and the right is gone -- subsection (d) states plainly that a party waives a jury trial unless its demand is properly served and filed. That's not always the last word, though: the court can set aside a waiver in the interest of justice or when it resulted inadvertently. And once a proper demand is made, it can only be withdrawn if all the parties consent.
Frequently Asked Questions
How do I demand a jury trial in a Kansas civil case?
K.S.A. 60-238(b) requires serving a written demand on the other parties -- which can be included in a pleading -- no later than 14 days after the last pleading directed to the triable issue is served, and then filing that demand under K.S.A. 60-205.
What happens if I don't demand a jury trial in time?
Subsection (d) treats the right as waived unless the demand is properly served and filed. The court can set aside that waiver in the interest of justice or if the waiver happened inadvertently.
If I only want a jury on some issues, can other parties demand one on the rest?
Yes. Subsection (c) lets any other party, within 14 days of being served with a partial demand (or a shorter time the court sets), serve its own demand for a jury trial on the remaining factual issues triable by jury.
Can I withdraw my jury demand once I've made it?
Only with the consent of all the parties. Subsection (d) states that a proper demand may be withdrawn only if the parties consent.
Does the Kansas constitution guarantee a jury trial in every civil case?
Subsection (a) preserves the right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as otherwise provided by state statute, for issues triable by right.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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