Main menu

Idaho Rules of Civil Procedure Rule 38. Jury Trial.


(a)   Right to Jury Preserved. The right of trial by jury as declared by the Constitution or as provided by a statute of the state of Idaho is preserved to the parties inviolate.


(b)   Demand for Jury. On any issue triable of right by a jury, a party may demand a jury trial, stating in such demand whether the party will stipulate to a jury of less than 12 persons, but at least 6. The demand may be made by:


(1)   serving the other parties with a written demand, which may be  included in a pleading, no later than 14 days after the last pleading directed to the issue is served; and


(2)   filing the demand in accordance with Rule 5(d)


(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. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.



(Adopted March 1, 2016, effective July 1, 2016.)


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?