The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5.05 constitutes a waiver by him of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
Rule 38.04.Waiver.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA party waives the right to jury trial by failing both to serve a demand as Rule 38 requires and to file it as Rule 5.05 requires, and once a valid demand is made it cannot be withdrawn without the consent of the parties.
Full Text of Rule 38.04
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
Asking for a jury trial takes two steps: serving the demand on the other parties and filing it with the court under Rule 5.05. Missing either one waives the right to a jury trial on the issues covered. There is no separate deadline here — this rule enforces the deadlines set in Rule 38.02 and Rule 38.03 by attaching a real consequence to missing them.
Once a demand is properly made, it sticks. A party cannot pull back a jury demand on its own; withdrawing it takes the consent of the parties. That protects a party who has relied on the demand and prepared for a jury trial.
Frequently Asked Questions
Can I lose my right to a jury trial in Kentucky?
Yes. Failing to serve a jury demand within the time Rule 38 sets, and to file it as Rule 5.05 requires, waives the right to a jury trial on the issues involved.
Can I withdraw a jury demand once I've made it?
Not on your own. A jury demand made under Rule 38 cannot be withdrawn without the consent of the parties.
What happens if I forget to file my jury demand after serving it?
Filing matters as much as serving. Failing to file the demand as Rule 5.05 requires, even after serving it, constitutes a waiver of trial by jury.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 38.04). 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: waiver of jury triallosing the right to a jury trialwithdrawing a jury demandfailure to file jury demandCR 38.04