(a) Right Preserved . The right of trial by jury as declared by the Constitution or as given by a statute of South Carolina shall be preserved to the parties inviolate. Issues of fact in an action for the recovery of money only or of specific real or personal property must be tried by a jury, unless a jury trial be waived.
Rule 38.Jury trial of right
Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 38 preserves the right to a jury trial in actions for money damages or specific property and requires any party who wants a jury to serve a written demand within 10 days after service of the last pleading directed to the triable issue, or the 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 serving upon the other parties a demand therefor in writing at any time after the 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 endorsed upon a pleading of the party.
(c) Same: 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 he has demanded trial by jury for only some of the issues, any other party within 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 a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by him of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties, except where an opposing party is in default under Rule 55(a).
Notes
Note: This Rule 38 is substantially the Federal Rule. The last sentence is added to Paragraph 38(a) to preserve the language of Code § 15-23-60. Paragraph 38(e) of the Federal Rule, referring to admiralty and maritime claims, is inapplicable to State practice.
Plain-English Summary
Rule 38 does not create the right to a jury trial — it comes from the constitution and South Carolina statutes — but it does control how a party keeps that right alive in a given case. Actions seeking only money, or the recovery of specific real or personal property, must be tried to a jury unless the parties waive it.
Waiver, in practice, is the default unless someone acts. A party who wants a jury has to serve a written demand within 10 days after service of the last pleading directed to the issue in question. The demand can be written on a pleading itself rather than filed separately. A party demanding a jury can specify which issues it wants tried that way; if it says nothing, the demand is read to cover every triable issue. If one party only demands a jury on some issues, any other party gets 10 more days after that demand to add the remaining issues to the jury side of the ledger.
Miss the window and file nothing, and the right is gone — Rule 38(d) treats a failure to both serve and file the demand as required by Rule 5(d) as a waiver. Once made, a jury demand cannot be pulled back without every party's consent, except where an opposing party has defaulted under Rule 55(a).
Frequently Asked Questions
How do I demand a jury trial in South Carolina state court?
Serve a written demand on the other parties within 10 days after service of the last pleading directed to the triable issue. You can write the demand on a pleading instead of filing it separately.
What happens if I miss the 10-day deadline?
Rule 38(d) treats the failure to serve and file a timely demand as a waiver of the jury trial right for that issue.
If the other side only demands a jury on some issues, can I add the rest?
Yes. Rule 38(c) gives any other party 10 days after service of a partial demand to demand a jury trial on the remaining issues.
Can I withdraw a jury demand once I have made it?
Only with the consent of all parties, unless an opposing party is in default under Rule 55(a).
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: jury demand South Carolinaright to jury trial SCRCPwaiver of jury trialjury trial deadline SC