(a) Right preserved. The right of trial by jury as declared by the constitution or as given by statute shall be preserved to the parties.
Rule 38.Jury trial of right
Part VI: Trials · Last amended May 1, 2014 · Last verified July 13, 2026
In one sentenceRule 38 preserves the right to a jury trial and sets out how a party must demand one to keep it alive.
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 paying the statutory jury fee and serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 14 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 14 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.
Amendment History
Amended effective January 1, 1987; May 1, 2014.
Plain-English Summary
The Utah Constitution and Utah statutes guarantee a right to trial by jury for many kinds of civil claims, and Rule 38 protects that right from being lost by accident. The rule does not create the right — it preserves whatever right already exists under the constitution or a statute — but it puts the burden on the party who wants a jury to ask for one in a timely, formal way.
To claim a jury, a party must pay the statutory jury fee and serve a written demand on the other parties. The clock runs from service of the last pleading that raises the issue the party wants a jury to decide, and the deadline is 14 days after that. A party can fold the demand into a pleading instead of filing it separately.
A demand can cover every triable issue in the case or only some of them. If a party demands a jury on only part of the case, the rule gives every other party a fresh 14-day window — or whatever shorter period the court sets — to demand a jury on the remaining issues, so nobody gets boxed out by a narrow first demand.
Miss the deadline, skip the fee, or fail to file the demand under Rule 5(d), and the right to a jury on that issue disappears — Rule 38(d) calls this a waiver. Once a valid demand is made, though, it can only be withdrawn if every party agrees.
Frequently Asked Questions
What happens if I forget to demand a jury trial in time?
You waive the right to a jury on that issue. The case, or that part of it, will be tried by the judge alone instead.
How much time do I have to demand a jury trial?
Fourteen days after service of the last pleading that raises the issue you want a jury to decide.
Can I demand a jury on only some of the issues in my case?
Yes. Specify the issues in your demand. If you don't specify, the rule treats your demand as covering every triable issue.
Does paying the jury fee alone preserve my right to a jury?
No. You must pay the fee, serve a written demand, and file it as Rule 5(d) requires. Skipping any one of those steps waives the right.
Can I withdraw a jury demand once I've made it?
Only with the consent of all the parties. A jury demand can't be pulled back unilaterally.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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