The right of trial jury as declared by the constitution of Kentucky or as given by a statute of Kentucky shall be preserved to the parties inviolate.
Rule 38.01.Right preserved.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentencePreserves the right to trial by jury for the parties, as declared by the Kentucky constitution or granted by a Kentucky statute, and keeps that right inviolate in every case where it applies.
Full Text of Rule 38.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
This rule does not create a right to a jury trial. It protects one that already exists under the Kentucky constitution or a Kentucky statute. If a claim carries a jury-trial right under one of those sources, courts must honor it; the rule guards against courts or procedures chipping away at that right.
Whether a given issue carries a jury-trial right depends on the constitution or statute involved, not on this rule. The mechanics of asking for a jury — the demand, the deadline, and what happens if no one asks — are covered in the rules that follow.
Frequently Asked Questions
Does this rule give me a right to a jury trial?
No. Rule 38.01 preserves whatever jury-trial right already exists under the Kentucky constitution or a Kentucky statute. It protects that right rather than creating a new one.
What does it mean for the right to be 'inviolate'?
It means courts and procedures cannot erode or take away a jury-trial right that the constitution or a statute already grants. The right stays intact for the parties who hold it.
Is every civil case in Kentucky tried by a jury?
No. Only issues that carry a jury-trial right under the Kentucky constitution or a statute qualify, and even then a party must demand a jury under Rule 38.02 or the right is waived under Rule 38.04.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 38.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: right to jury trial in kentuckyjury trial guaranteeconstitutional right to a jurypreservation of jury trial rightsCR 38.01