(a) Demand; Time; Manner. Except as otherwise provided by R. 4:67-4 (summary actions), 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 not later than 10 days after the service of the last pleading directed to such issue. Such demand may be appended to the party’s pleading.
Rule 4:35-1.Demand for jury trial
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:35-1 governs the demand for a jury trial: any party may demand a jury on an issue triable of right by serving a written demand within 10 days after the last pleading directed to that issue, and failing to demand waives the right.
Full Text of Rule 4:35-1
(b) Demand; Specification of Issues. A party’s demand may specify the issues to be so tried; otherwise the party shall be deemed to have demanded trial by jury for all issues so triable. If the demand is for trial by jury for only some of the issues, any other party within 10 days after service of the demand or such shorter or longer time as the court orders, may serve a demand for trial by jury of any other or all of the issues so triable.
(c) Waiver. The failure of a party to serve a demand as required by paragraphs (a) and (b) of this rule constitutes a waiver of trial by jury.
(d) Withdrawal of Demand; Consent. When trial by jury has been demanded as provided by this rule the trial of all issues so demanded shall be by jury, unless all parties or their attorneys, by written and filed stipulation or oral stipulation made in open court and entered on the record, consent to trial by the court without a jury, or unless the court on a party’s or its own motion finds that a right of trial by jury of some or all of those issues does not exist.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:39-1, 4:39-2, 4:39-3, 4:40-3. Paragraph (d) amended July 15, 1982 to be effective September 13, 1982; paragraphs (b) and (c); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
The right to a civil jury must be claimed in time. Under this rule, any party may demand a jury trial of any issue triable of right by serving a written demand on the other parties not later than 10 days after service of the last pleading directed to that issue; the demand may be appended to a pleading. A demand may specify particular issues, and if it does, other parties get a short window to demand a jury on the remaining issues.
Silence forfeits the right. A party who fails to serve a demand as the rule requires waives trial by jury. Once a jury is demanded, the demanded issues are tried to a jury unless all parties consent to a bench trial or the court finds no jury right exists.
Frequently Asked Questions
How do you demand a jury trial in New Jersey?
Serve a written demand on the other parties not later than 10 days after service of the last pleading directed to the issue. The demand may be appended to your pleading.
What happens if you do not demand a jury trial?
The right is waived. Failing to serve a timely jury demand as the rule requires constitutes a waiver of trial by jury.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:35-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: demand for jury trialjury demandwaiver of jury trial10 days jury demand