(a) Right Preserved. The right of trial by jury as declared by Article I, Section 15 of the constitution of this state or as given by a statute shall be preserved to the parties inviolate.
Rule 38.Jury Trial of Right.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 38 preserves the right to a jury trial and requires a party who wants one to serve and file a timely written demand, or else that right is waived.
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:
(1) Serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue; and
(2) Filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party.
(c) Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within ten (10) days after service of the demand 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 of fact in the action.
(d) Waiver. The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without consent of the parties.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 38 keeps the jury trial right exactly as the Rhode Island constitution or a statute grants it. But holding that right and asserting it are two different things: a party who wants a jury on an issue triable of right has to serve a written demand on the other parties and file it with the court no later than ten days after the last pleading directed to that issue was served. The demand can be written directly on a pleading rather than filed as a separate document.
The demand can specify which issues the party wants tried to a jury; if it does not, the party is treated as demanding a jury on every triable issue. When one party demands a jury on only some issues, any other party still has ten days after that demand, or less if the court orders it, to demand a jury on the remaining issues.
Failing to serve and file a demand within the deadline waives the jury trial right for that issue, full stop. And once a party makes a proper demand, it cannot be withdrawn unless every party agrees.
Frequently Asked Questions
How do I demand a jury trial in Rhode Island Superior Court?
Serve a written demand on the other parties and file it with the court no later than ten days after the last pleading directed to the triable issue is served. You can write the demand directly on a pleading instead of filing it separately.
What happens if I miss the ten-day deadline to demand a jury?
You waive the right to a jury trial on that issue. Rule 38 treats the failure to serve and file a timely demand as a waiver, with no exception built into the rule itself.
Can I withdraw a jury demand once I've made it?
Not unilaterally. A jury demand made under Rule 38 cannot be withdrawn without the consent of all the parties.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 38). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: jury demandright to a jury trialdemand for jury trialjury trial deadlinewaiver of jury trialrequest jury trial civil case