(a) Right Preserved. The right of trial by jury as declared by the state constitution or as given by a state statute is preserved to the parties inviolate.
Rule 38.Right to a jury trial; demand
Group VI: Trials · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 38 preserves the right to a jury trial and spells out how a party must demand one, deposit juror fees, and specify which issues go before the jury, or else lose that right by default.
Full Text of Rule 38
(b) Demand; Deposit of Jurors’ Fees. On any issue triable of right by a jury, a party may demand a jury trial by:
(1) serving the other parties with a written demand—which may be included in a pleading—at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial;
(2) filing the demand in accordance with Rule 5(d); and
(3) unless the local rules provide otherwise, depositing with the court clerk an amount of money equal to the fees to be paid the trial jurors for their services for the first day of trial.
(c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court— serve a demand for a jury trial on any other or all factual issues triable by jury.
(d) Waiver; Withdrawal.
(1) A party’s failure to properly file and serve a demand constitutes the party’s waiver of a jury trial.
(2) A proper demand for a jury trial may be withdrawn only if the parties consent, or by court order for good cause upon such terms and conditions as the court may fix.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (b) is amended to include language that requires compliance with Rule 5(b). The amendments to subdivisions (c) and (d) are technical.
Advisory Committee Note — 2019 Amendment: Rule 38 differs from its federal counterpart in Rule 38(b)(1) and (3) and in 38(d)(2), which address jury-demand timing, deposit of jury fees, and withdrawal of a jury demand on consent or by court order, as did former NRCP 38.
Amendment History
Amended eff. 9-1-60; Amended eff. 1-1-05; Amended 4-29-09, eff. 7-28-09; Amended eff. 3-1-19.
Plain-English Summary
Rule 38 opens by confirming that the right to a jury trial, wherever the state constitution or a statute grants it, stays fully intact in civil litigation. But that right does not activate itself. A party who wants a jury must ask for one in writing, file that demand under the rule governing filings, and unless a local rule excuses it, put down money with the court clerk to cover the jurors’ pay for the first day of trial. The demand can ride along inside a pleading or stand on its own, and it can come any time after the case begins, up until the court sets a trial date.
A party demanding a jury can narrow the request to particular issues, and once that happens, anyone else in the case gets a short window to demand a jury on the remaining issues too. If nobody demands within the window, and the request only covered part of the case, the untouched issues go to the judge alone. Miss the deadline for the demand altogether and the right disappears — waiver is automatic, not something a court has to find. Once a demand is properly made, pulling it back requires either everyone’s agreement or a judge’s order for good cause.
Frequently Asked Questions
How do I demand a jury trial in a Nevada civil case?
Serve the other parties with a written demand, file it as the rules on filing require, and, unless a local rule says otherwise, deposit money with the clerk covering the jurors’ fees for the first day of trial. The demand can be a stand-alone document or part of a pleading.
What happens if I forget to demand a jury trial?
You lose the right. A party who does not properly file and serve a demand within the time the rule allows is treated as having waived a jury trial on the issues involved.
Can I ask for a jury on only some issues in my case?
Yes. Your demand can specify which triable issues you want a jury to decide. If you limit the demand, any other party can still demand a jury on the remaining issues, but only within the time the rule sets.
Do I have to pay anything to get a jury trial?
Generally yes. Unless a local rule provides otherwise, the party demanding a jury must deposit with the clerk an amount equal to the jurors’ fees for the first day of trial.
Once I demand a jury trial, can I change my mind and withdraw it?
Only with the consent of every other party, or by court order for good cause on whatever terms the court sets. A jury demand is not something one side can unilaterally cancel.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: jury demand Nevadaright to jury trial civil casehow to request a jury trialwaiver of jury trialjury fee deposit