38.01 Right Preserved In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.
Rule 38.Jury Trial of Right
Last amended March 1, 1994 · Last verified July 1, 2026
In one sentenceRule 38 says that in most lawsuits over money or property, either side can ask for a jury to decide the facts, but that right can be given up in certain ways.
Full Text of Rule 38
38.02 Waiver In actions arising on contract, and by permission of the court in other actions, any party thereto may waive a jury trial by:
a failing to appear at the trial;
b written consent, by the party or the party’s attorney, filed with the court administrator; or
c oral consent in open court, entered in the minutes.
Neither the failure to file any document requesting a jury trial nor the failure to pay a jury fee shall be deemed a waiver of the right to a jury trial.
38.03 Placing Action on Calendar Rule 38.03 is repealed, effective January 1, 1992.
Advisory Committee Comments
Task Force Comment--1991 Adoption
This amendment to repeal this rule is appropriate because the use of notes of issue filed by the parties will be replaced by the court-initiated scheduling. See proposed Minn. Gen. R. Prac. 111.
Amendment History
- (Amended effective March 1, 1994.)
Plain-English Summary
Minnesota civil cases start out headed for a trial before a judge alone. If a party wants a jury instead, the case must qualify for one, and someone has to ask for it. Rule 38 spells out when that right exists and how it can be lost.
The right applies in lawsuits seeking money damages or the return of specific real or personal property. In those cases, the facts go to a jury unless the parties waive that right or the court sends the matter to a referee instead.
A party can give up the right to a jury in a few clear ways: by not showing up for trial, by filing written consent with the court administrator, or by consenting out loud in open court where it gets written into the record. In contract cases, and in other cases when the court allows it, this is how waiver happens.
The rule also protects parties from losing the right by accident. Forgetting to file a jury demand does not waive it, and neither does forgetting to pay the jury fee. Waiver has to be a real, identifiable act, not an oversight.
Frequently Asked Questions
Do I automatically get a jury trial if I file a lawsuit in Minnesota?
No. Civil cases are set up as trials before a judge unless a party asks for a jury and the case is the type of case where a jury trial is available, such as one seeking money damages or the return of property.
What kinds of cases have a right to a jury trial under Rule 38?
Rule 38 recognizes a jury trial right in actions for the recovery of money only, or for the recovery of specific real or personal property, unless that right is waived.
How can a party waive the right to a jury trial?
In contract cases, and in other cases if the court permits, a party can waive the right by failing to appear at trial, by filing written consent with the court administrator, or by giving oral consent in open court that gets entered in the minutes.
If I forget to pay the jury fee, have I lost my right to a jury trial?
No. Rule 38 specifically states that failing to pay a jury fee is not treated as a waiver of the right to a jury trial, and neither is failing to file a document requesting one.
Does Rule 38 still talk about putting a case on the trial calendar?
No. The part of the rule that once addressed placing an action on the calendar was repealed effective January 1, 1992, and that topic is no longer covered there.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 38). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: right to jury trialjury demandjury trial waiver
Advisory Committee Comment--1993 Amendments
The committee is of the opinion that waiver of the right to a jury trial should not be found from inaction or failure to pay a jury fee. The amendment, coupled with the abolition of the note of issue, should obviate any confusion or inadvertent waiver of the constitutionality protected right to a jury trial. See Schweich v. Ziegler, Inc., 463 N.W.2d 722 (Minn. 1991).