(a) Right Preserved. The right of trial by jury as declared by the Montana Constitution - - or as provided by a Montana statute -- is preserved to the parties inviolate.
Rule 38.Right to a Jury Trial; Demand
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 38 preserves the constitutional right to a jury trial and sets the mechanics of demanding one — a written demand served no later than 14 days after the last pleading on the issue, or the right is waived.
Full Text of Rule 38
(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial 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 A proper demand may be withdrawn only if the parties consent.
Plain-English Summary
Rule 38 protects the right to a jury and tells you how to claim it. The right to trial by jury — as guaranteed by the Montana Constitution or a statute — is preserved inviolate. But it is not automatic: a party who wants a jury must demand one.
The demand must be in writing (it can be included in a pleading), served on the other parties no later than 14 days after the last pleading directed to the issue, and filed under Rule 5(d). A party may demand a jury on specific issues or, by default, on all triable issues. Failing to make a proper, timely demand waives the jury right, and a demand once made can be withdrawn only with the other parties' consent.
Frequently Asked Questions
How do I get a jury trial in a Montana civil case?
Serve a written jury demand on the other parties no later than 14 days after the last pleading directed to the issue, and file it under Rule 5(d). The demand may be included in a pleading.
What happens if I miss the jury demand deadline?
You waive the right to a jury trial on the affected issues. A proper demand, once made, can only be withdrawn with the other parties' consent.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: jury demandright to juryjury trial demand