Rule 3.911.Jury

Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026

In one sentenceMCR 3.911 limits the right to a jury in a juvenile proceeding to the trial, sets a written demand deadline of 14 days from the court's notice or from an appearance by an attorney or lawyer-guardian ad litem, whichever is later, and no later than 21 days before trial, and adjusts peremptory challenges and verdict rules for delinquency and child protective cases.

Full Text of Rule 3.911

Text sizeJump to: (A) (B) (C)

(A) Right. The right to a jury in a juvenile proceeding exists only at the trial.

(B) Jury Demand. A party who is entitled to a trial by jury may demand a jury by filing a written demand with the court within:

(1) 14 days after the court gives notice of the right to jury trial, or

(2) 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, but no later than 21 days before trial. The court may excuse a late filing in the interest of justice.

(1) In a delinquency proceeding,

(a) each party is entitled to 5 peremptory challenges, and

(b) the verdict must be unanimous.

(2) In a child protective proceeding,

(a) each party is entitled to 5 peremptory challenges, with the child considered a separate party, and

(b) a verdict in a case tried by 6 jurors will be received when 5 jurors agree.

(3) Two or more parties on the same side, other than a child in a child protective proceeding, are considered a single party for the purpose of peremptory challenges.

(a) When two or more parties are aligned on the same side and have adverse interests, the court shall allow each such party represented by a different attorney 3 peremptory challenges.

(b) When multiple parties are allowed more than 5 peremptory challenges under this subrule, the court may allow the opposite side a total number of peremptory challenges not to exceed the number allowed to the multiple parties.

(4) In a designated case, jury procedure is governed by MCR 6.401-6.420.

End

Plain-English Summary

MCR 3.911 answers two questions about juries in juvenile court: when a party can have one, and what changes about ordinary jury practice once the case reaches trial. Subrule (A) disposes of the first in a single sentence. The right to a jury in a juvenile proceeding exists only at the trial. It does not attach at any other stage of the case.

Demanding a jury

Subrule (B) requires a written demand filed with the court, and it measures the window from the later of two events: the court's notice of the right to jury trial, or an appearance by an attorney or lawyer-guardian ad litem. A party has 14 days from whichever event comes later. An outside limit sits on top of that count — the demand must arrive no later than 21 days before trial. The rule then softens both edges by allowing the court to excuse a late filing in the interest of justice.

Peremptory challenges and verdicts

Subrule (C) adopts MCR 2.508 through 2.516 for jury procedure and then carves out what juvenile cases need. In a delinquency proceeding under subrule (C)(1), each party gets 5 peremptory challenges and the verdict must be unanimous. In a child protective proceeding under subrule (C)(2), each party again gets 5 peremptory challenges, but with a wrinkle: the child is considered a separate party for that purpose. The verdict standard is different too. In a case tried by 6 jurors, a verdict will be received when 5 jurors agree.

Counting sides rather than lawyers

Subrule (C)(3) keeps a crowded caption from multiplying strikes. Two or more parties on the same side count as a single party for peremptory challenges, with one exception written into the text: a child in a child protective proceeding is not folded into anyone else's side. Two adjustments follow:

Under subrule (C)(3)(a), when parties aligned on the same side have adverse interests, the court shall allow each such party represented by a different attorney 3 peremptory challenges.
Under subrule (C)(3)(b), when multiple parties end up with more than 5 peremptory challenges, the court may give the opposite side a total that does not exceed the number allowed to the multiple parties.

The second provision is a balancing tool, and it is permissive. The court may equalize the two sides, and the ceiling on that equalization is the number the multiple parties received.

Designated cases

Subrule (C)(4) removes designated cases from this framework. There, jury procedure is governed by MCR 6.401 through 6.420 — the criminal rules — which fits a proceeding in which the juvenile is tried in the same manner as an adult.

Frequently Asked Questions

When does a juvenile have the right to a jury in Michigan juvenile court?

Only at the trial. Subrule (A) states that the right to a jury in a juvenile proceeding exists only at that stage, so no other hearing in the case carries a jury right.

How long do you have to demand a jury trial in a juvenile case?

Subrule (B) gives a party 14 days, measured from the later of two events: the court's notice of the right to jury trial, or an appearance by an attorney or lawyer-guardian ad litem. Regardless of which event controls, the written demand must be filed no later than 21 days before trial.

Can a late jury demand still be accepted?

Yes. Subrule (B)(2) allows the court to excuse a late filing in the interest of justice. The deadline still governs, but the rule leaves the court room to take a demand that misses it.

How many peremptory challenges does each party get in a juvenile case?

Five. Subrules (C)(1)(a) and (C)(2)(a) give each party 5 peremptory challenges in delinquency and child protective proceedings alike. Parties on the same side are treated as one party under subrule (C)(3), except that a child in a child protective proceeding is counted separately. When aligned parties have adverse interests and separate attorneys, subrule (C)(3)(a) gives each of them 3 challenges.

Does a child protective jury verdict have to be unanimous?

No. Subrule (C)(2)(b) provides that in a case tried by 6 jurors, a verdict will be received when 5 jurors agree. Delinquency cases are different: subrule (C)(1)(b) requires a unanimous verdict.

What jury rules apply in a designated case?

Subrule (C)(4) sends designated cases to MCR 6.401 through 6.420 rather than to the juvenile-specific provisions in subrule (C). The rest of subrule (C) does not govern jury procedure in those cases.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: juvenile jury trialjury demandperemptory challengessix person jurydelinquency jurychild protective jury verdictunanimous verdict juvenile