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Idaho Rules of Civil Procedure 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 fourteen (14) days after the service of the last pleading directed to such issue. Provided, in appeals for a trial de novo in small claims to an attorney magistrate, such demand must be served upon the opposing party not later than fourteen (14) days after service of the notice of appeal upon the respondent. Such demand may be indorsed upon a pleading of the party. Any party demanding a jury trial in district court should state in such demand whether or not said party will stipulate to a six person jury or a jury consisting of any other number of persons less than twelve. 


(Amended effective July 1, 1977; amended March 30, 1994, effective July 1, 1994.)

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 Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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