Rule 2.508.Jury Trial of Right

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.508 preserves the constitutional right to a jury trial in Michigan civil cases but requires a party to demand it in writing and pay the jury fee within 28 days of the answer or reply, sets special deadlines when a case is removed between circuit and district court, and treats a missed demand or fee as a waiver.

Full Text of Rule 2.508

Text sizeJump to: (A) (B) (C) (D)

(A) Right Preserved. The right of trial by jury as declared by the constitution must be preserved to the parties inviolate.

(B) Demand for Jury.

(1) A party may demand a trial by jury of an issue as to which there is a right to trial by jury by filing a written demand for a jury trial within 28 days after the filing of the answer or a timely reply. The demand for jury must be filed as a separate document. The jury fee provided by law must be paid at the time the demand is filed.

(2) If a party appealing to the circuit court from a municipal court desires a trial by jury of an issue triable of right, demand for jury must be included in the claim of appeal. If another party desires trial by jury of an issue triable of right, the demand must be included in the party's notice of appearance.

(3)

(a) If a case is entirely removed from circuit court to district court, or is entirely removed or transferred from district court to circuit court, a timely demand for a trial by jury in the court from which the case is removed or transferred remains effective in the court to which the case is removed or transferred. If a case is entirely removed or transferred from district court to circuit court, and if the amount paid to the district court for the jury fee is less than the circuit court jury fee, then the party requesting the jury shall pay the difference to the circuit court. If a case is entirely removed from circuit court to district court, no additional jury fee is to be paid to the district court nor is there to be a refund of any amount by which the circuit court jury fee exceeds the district court jury fee.

(b) If part of a case is removed from circuit court to district court, or part of a case is removed or transferred from district court to circuit court, but a portion of the case remains in the court from which the case is removed or transferred, then a demand for a trial by jury in the court from which the case is removed or transferred is not effective in the court to which the case is removed or transferred. A party who seeks a trial by jury in the court to which the case is partially removed or transferred must file a written demand for a trial by jury and pay the applicable jury fee, even if the jury fee was paid in the court from which the case is removed or transferred, within 28 days after the filing fee is paid in the receiving court, but no later than 56 days after the date of the removal or transfer order.

(c) The absence of a timely demand for a trial by jury in the court from which a case is entirely or partially removed or transferred does not preclude filing a demand for a trial by jury in the court to which the case is removed or transferred. A party who seeks a trial by jury in the court to which the case is removed or transferred must file a written demand for a trial by jury and pay the applicable jury fee within 28 days after the filing fee is paid in that court, but no later than 56 days after the date of the removal or transfer order.

(d) A party who is added to a case after it has been removed or transferred may demand trial by jury in accordance with paragraph (B)(1).

(1) In a demand for jury trial, a party may specify the issues the party wishes so tried; otherwise, the party is deemed to have demanded trial by jury of all the issues so triable.

(2) If a party has demanded trial by jury of only some of the issues, another party, within 14 days after service of a copy of the demand or within less time as the court may order, may serve a demand for trial by jury of another or all the issues of fact in the action.

(D) Waiver; Withdrawal.

(1) A party who fails to file a demand or pay the jury fee as required by this rule waives trial by jury.

(2) Waiver of trial by jury is not revoked by an amendment of a pleading asserting only a claim or defense arising out of the conduct, transaction, or occurrence stated, or attempted to be stated, in the original pleading.

(3) A demand for trial by jury may not be withdrawn without the consent, expressed in writing or on the record, of the parties or their attorneys.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

The jury-trial right itself is inviolate, but claiming it takes action: a party has to file a separate written demand for a jury trial, and pay the jury fee, within 28 days after the answer (or a timely reply) is filed. An appeal to circuit court from a municipal court works a little differently, folding the jury demand into the claim of appeal itself, or into the responding party's notice of appearance. When a case moves between circuit and district court, a timely demand made in the original court generally carries over automatically if the whole case transfers, though a case moving from district to circuit court requires the party requesting the jury to pay the circuit court the difference if its jury fee is higher; if only part of the case transfers, a fresh demand and fee are required in the receiving court, generally within 28 days of paying that court's filing fee but no later than 56 days after the transfer order; a party added to the case after a transfer gets the standard 28-day window to demand a jury of their own.

A jury demand can be limited to specific issues, in which case another party gets 14 days after being served the demand to ask for a jury on the remaining issues instead; leaving the demand unqualified means every triable issue goes to the jury. Missing the deadline to demand a jury, or failing to pay the fee, waives the right for that case, though amending a pleading to add only a claim or defense arising from the same underlying conduct already described doesn't revive or destroy that waiver. And once made, a jury demand can't be withdrawn unless every party (or their attorneys) agrees to it in writing or on the record.

Frequently Asked Questions

How do I demand a jury trial in a Michigan civil case?

File a separate written demand and pay the jury fee within 28 days after the answer, or a timely reply, is filed.

What happens if I miss the deadline to demand a jury?

You waive the right to a jury trial in that case; the right isn't automatically revived by later amending a pleading to add a claim or defense arising from the same underlying conduct.

If my case is transferred from district to circuit court, do I need to demand a jury again?

If the whole case is transferred, a timely demand made in the original court carries over, though you must pay the circuit court the difference if its jury fee is higher than the one you already paid. If only part of the case is transferred, you generally need to file a new demand and pay the applicable fee in the receiving court.

Can I withdraw a jury demand once I've made it?

Only with the written or on-the-record consent of the other parties or their attorneys; you can't unilaterally withdraw it.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.508). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: jury trial demand Michiganjury fee Michigan civil casewaiver of jury trial Michigan