In his demand a party may specify the issues which he wishes so tried; otherwise he shall be deemed to have demanded trial by jury for all the issues so triable. If he has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand, or within the time for answering if the demand is indorsed upon the complaint, or within 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.
Rule 38.03.Same -- Specification of issues.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a party demanding a jury trial specify which issues should go to the jury, treats an unspecified demand as covering all triable issues, and gives other parties a further window to demand jury trial on any issues the original demand left out.
Full Text of Rule 38.03
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
A party who demands a jury trial can name the specific issues to be tried that way. If the demand does not name any issues, it covers all issues in the case that are triable by a jury — silence works in favor of a full jury trial, not against it.
If the first demand covers only some issues, the other parties are not stuck with that limit. Any other party can serve its own demand covering the remaining issues, or all of them, within 10 days after service of the first demand, within the time allowed for answering if the demand was endorsed on the complaint, or within whatever shorter time the court sets.
Frequently Asked Questions
What happens if my jury demand doesn't list specific issues?
An unspecified demand is treated as a demand for jury trial on all issues in the case that are triable by a jury. You do not lose coverage by leaving the demand general.
Can I still get a jury trial on an issue the other side's demand left out?
Yes. If a demand covers only some issues, any other party can serve its own demand for the remaining issues, or all of them, within 10 days after service of that demand, within the time to answer if the demand was on the complaint, or within a shorter time the court orders.
How much time do I have to respond to a partial jury demand?
10 days after service of the demand, or the time allowed for answering if the demand was endorsed on the complaint, unless the court sets a shorter time.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 38.03). 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: specifying issues for jury trialpartial jury demand kentuckyresponding to a limited jury demandjury trial on some issues onlyCR 38.03