(a) Right preserved. – The right of trial by jury as declared by the Constitution or statutes of North Carolina shall be preserved to the parties inviolate.
Rule 38.Jury trial of right.
Last amended 1973 · Last verified July 3, 2026
In one sentenceRule 38 preserves the constitutional right to a jury trial and spells out how to demand one, limit it to specific issues, or lose it by waiting too long to ask.
Full Text of Rule 38
(b) Demand. – Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be made in the pleading of the party or endorsed on the pleading.
(c) Demand – Specification of issues. – 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 a party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the last pleading directed to such issues or within 10 days after service of the demand, whichever is later, or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues in the action.
(d) Waiver. – Except in actions wherein jury trial cannot be waived, the failure of a party to serve a demand as required by this rule and file it as required by Rule 5(d) constitutes a waiver by him of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of the parties who have pleaded or otherwise appear in the action.
(e) Right granted. – The right of trial by jury as to the issue of just compensation shall be granted to the parties involved in any condemnation proceeding brought by bodies politic, corporations or persons which possess the power of eminent domain.
Amendment History
(1967, c. 954, s. 1; 1973, c. 149.)
Plain-English Summary
Rule 38(a) preserves the right to trial by jury as declared by North Carolina's Constitution or statutes, inviolate. Rule 38(b) lets any party demand a jury trial of any issue triable of right by serving a written demand on the other parties any time after the action commences and no later than 10 days after service of the last pleading directed to that issue; the demand can be made in a pleading or endorsed on one.
Rule 38(c) lets a party specify which issues it wants tried by jury in the demand; leaving it unspecified means demanding a jury for every triable issue. If one party demands a jury for only some issues, any other party gets 10 days after service of the last relevant pleading, or 10 days after service of that demand (whichever is later), or a shorter court-set time, to demand a jury trial on the remaining issues.
Rule 38(d) treats failing to timely demand and file (under Rule 5(d)) as a waiver of jury trial, except in actions where jury trial can't be waived; a demand already made can't be withdrawn without the consent of the parties who have appeared. Rule 38(e) guarantees a jury trial on the issue of just compensation in any condemnation proceeding brought by a body politic, corporation, or person holding the power of eminent domain.
Frequently Asked Questions
How does a party demand a jury trial in North Carolina?
By serving a written demand on the other parties any time after the action begins and no later than 10 days after service of the last pleading directed to the triable issue -- the demand can be in a pleading or endorsed on it.
What happens if a party doesn't specify which issues it wants a jury to decide?
Rule 38(c) treats an unspecified demand as a demand for a jury trial on every issue triable of right.
Can a party lose the right to a jury trial by not asking in time?
Yes. Rule 38(d) treats failing to make a timely demand and file it under Rule 5(d) as a waiver, except in actions where a jury trial can't be waived at all.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 38). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: demand for jury trialwaiver of jury trialright to trial by jurycondemnation just compensation jury trial10 day jury demand deadlinejury demand deadline