Last amended November 3, 2023 · Last verified June 30, 2026
In one sentenceRule 1007.1 provides that the right to a jury trial is waived unless a party files and serves a written jury demand by the deadline the rule sets, addresses jury demands after an arbitration appeal, and provides that a demand may not be withdrawn without the consent of all appearing parties.
(a)Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.
(b)Arbitration Appeal. Where an appeal is taken from an award in compulsory arbitration and a jury trial has not theretofore been demanded, the right to a jury trial shall be deemed waived unless the appellant endorses a demand for a jury trial on the appeal, or unless the appellee files and serves a written demand for a jury trial not later than ten days after being served with the notice of appeal.
(1)A demand for trial by jury may not be withdrawn without the consent of all parties who have appeared in the action.
(2)A demand for a trial by jury on behalf of a party shall be deemed withdrawn if at the time a case is called for trial that party, without satisfactory excuse, fails to appear or appears but is not ready. Any other party appearing and ready who has not already demanded a trial by jury shall forthwith demand a trial by jury or shall be deemed to have waived the same.
End
Plain-English Summary
This rule governs how a party preserves the right to a jury. Where a right to jury trial exists, it is deemed waived unless a party files and serves a written demand for a jury trial within the time the rule prescribes.
The rule covers special situations. Where an appeal is taken from a compulsory-arbitration award and no jury was previously demanded, the rule sets when the right is preserved. A jury demand may not be withdrawn without the consent of all parties who have appeared, and a party’s demand is deemed withdrawn if that party fails without satisfactory excuse to appear when the case is called for trial.
Frequently Asked Questions
How do I get a jury trial in a Pennsylvania civil case?
File and serve a written demand for a jury trial by the deadline the rule sets. The right is deemed waived if no timely demand is made.
Can a jury demand be withdrawn?
Not without the consent of all parties who have appeared. It is also deemed withdrawn if the demanding party fails, without satisfactory excuse, to appear when the case is called for trial.
Official Note
Comment. : This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g). A trial without jury shall be conducted in accordance with Pa.R.Civ.P. 1038.
Amendment History
The provisions of this Rule 1007.1 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (411427) to (411428).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:jury trial demandjury demandwaiver of juryright to jury trial