Rule 38.Jury Trial of Right

Part VI: Trials · Last amended 2006 · Last verified July 16, 2026

In one sentenceRule 15-6-38 preserves the right to a jury trial guaranteed by the South Dakota Constitution or a statute, requires a party to demand one in writing within ten days after the last pleading on the triable issue, and treats a missed deadline as a waiver of that right.

Full Text of Rule 15-6-38

Text sizeJump to: (a) (b) (c) (d)

(a) Right to jury trial preserved. The right of trial by jury as declared by article VI, section 6 of the Constitution of South Dakota or as given by a statute of South Dakota shall be preserved to the parties inviolate.

(b) Demand for jury trial. 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 ten days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.

(c) Specifying issues in demand for jury trial. In the demand for jury trial a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within ten days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.

(d) Waiver of jury trial. The failure of a party to serve a demand as required by § 15-6-38 constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.

End

Plain-English Summary

Rule 15-6-38 keeps the jury trial right intact. Whatever right to a jury trial the South Dakota Constitution’s article VI, section 6, or a state statute gives, this rule preserves it in full for the parties.

That right, though, has to be claimed. Any party may demand a jury trial on any issue triable of right by a jury, by serving the other parties with a written demand any time after the case begins and no later than ten days after service of the last pleading aimed at that issue. The demand can be endorsed on a pleading rather than filed as its own document.

A party can tailor the demand to specific issues; if it does, it is deemed to want a jury only on those. Leave the demand general, and it covers every triable issue in the case. If one party demands a jury on only some issues, any other party gets ten days after that demand, or less if the court sets a shorter period, to demand a jury on the remaining issues.

Missing the ten-day window waives the right to a jury trial on the issues involved. And once a party makes a proper demand, that demand cannot be pulled back without every party’s consent.

Frequently Asked Questions

How long do I have to demand a jury trial in a South Dakota civil case?

Rule 15-6-38 requires the written demand no later than ten days after service of the last pleading directed to the triable issue.

What happens if I never file a jury demand in South Dakota?

Rule 15-6-38 treats the failure to serve a timely demand as a waiver of the right to a jury trial on the issues involved.

Can I demand a jury trial on only some of the issues in my case?

Yes. Rule 15-6-38 lets you specify the issues in your demand; if you do not specify, you are deemed to have demanded a jury on every triable issue in the case.

If the other side demands a jury on only part of the case, can I ask for a jury on the rest?

Yes. Rule 15-6-38 gives you ten days after service of a partial demand, or less if the court orders a shorter time, to demand a jury trial on the other issues.

Once I have demanded a jury trial, can I withdraw the demand later?

Not on your own. Rule 15-6-38 says a jury demand cannot be withdrawn without the consent of the parties.

Amendment History

(a)SD RCP, Rule 38 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(b)SD RCP, Rule 38 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(c)SD RCP, Rule 38 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2006, ch 311 (Supreme Court Rule 06-37).

(d)SD RCP, Rule 38 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2006, ch 312 (Supreme Court Rule 06-38).

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

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