Rule 38.Right to a jury trial; demand

Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 38 preserves the right to a jury trial for issues of fact triable of right by a jury, requires a written demand and jury fee deposit within 14 days after the last pleading on the issue, and treats a missed deadline as a waiver of that right.

Full Text of Rule 38

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

(a) Right preserved. — Issues of law must be tried by the court, unless referred as hereinafter provided; and issues of fact arising in actions for the recovery of money only, or specific real or personal property, must be tried by a jury unless a jury trial be waived, or a reference be ordered. All other issues of fact shall be tried by the court, subject to its power to order any issue to be tried by a jury, or referred.

(b) Demand. —

(1) By Whom; Filing. — Any party may demand a trial by jury of any issue triable of right by a jury by

(A) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 14 days after service of the last pleading directed to such issue, and

(B) filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party.

(2) Jury Fees. —

(A) District Courts. —

(i) All demands for trial by jury in district courts shall be accompanied by a deposit of $50.00, if a six person jury is demanded, or $150.00, if a twelve person jury is demanded.

(ii) The jury fees in cases where jury trials are demanded shall be paid to the clerk of the court, and paid by the clerk into the county treasury at the close of each month, and

(iii) The clerk shall tax costs in each such case, and in all other cases in which a jury trial is had, a jury fee of $50.00, if a six person jury trial is held, or $150.00, if a twelve person jury trial is held, to be recovered by the unsuccessful party, as other costs, and in case the party making such deposit is successful, that party shall recover such deposit from the opposite party, as part of the costs in the case.

(B) Circuit Courts. —

(i) All demands for trial by jury in circuit courts shall be accompanied by a deposit of $50.00.

(ii) The jury fees in cases where jury trials are demanded shall be paid to the clerk of the court, and paid by the clerk to the State of Wyoming Treasurer at the close of each month, and

(iii) The clerk shall tax as costs in each such case, and in all other cases in which a jury trial is had, a jury fee of $50.00, to be recovered of the unsuccessful party, as other costs, and in case the party making such deposit is successful, that party shall recover such deposit from the opposite party, as part of the costs in the case.

(c) Specifying issues. — In its jury demand a party may specify the issues which the party wishes to be tried by a jury; 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 14 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 triable by a jury in the action.

(d) Waiver. — The failure of a party to properly serve and file a jury demand as required by this rule constitutes a waiver by the party of trial by jury. A proper demand for trial by jury may not be withdrawn without the consent of the parties.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Rule 38 splits a lawsuit's issues into two categories: issues of law, which the court decides, and issues of fact, some of which carry a right to a jury. Actions for money damages or the recovery of specific real or personal property come with a jury-trial right for their factual issues, unless the parties waive it or agree to a reference instead. Every other factual issue is tried by the court by default, though the court can still choose to send it to a jury or refer it out. This right does not spring into existence automatically for the qualifying issues -- a party has to invoke it by serving a written demand on the other parties, and filing that demand, within 14 days after the last pleading directed to the issue is served; the demand can be endorsed on a pleading rather than filed as its own document.

A demand also comes with a price tag. District courts require a $50 deposit for a six-person jury or $150 for a twelve-person jury, and circuit courts require a flat $50 deposit; the clerk collects these funds, remits them monthly to the county treasury or the state treasurer depending on the court, and eventually taxes a jury fee as a cost against whichever side loses. The party who fronted the deposit and ultimately prevails gets that deposit back from the opposing party as part of the taxed costs. A party demanding a jury can specify which issues it wants tried that way; leaving that unspecified means the demand covers every triable issue in the case. If one party's demand covers only some issues, any other party gets 14 days after that demand, or whatever shorter time the court sets, to demand a jury on the remaining issues. Miss the 14-day window entirely, though, and the right disappears -- Rule 38(d) treats a party's failure to properly serve and file a demand as an outright waiver of trial by jury, and once a valid demand has been made, it cannot be withdrawn except by agreement of all the parties.

Frequently Asked Questions

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

Rule 38(b) requires serving a written demand on the other parties, and filing it under Rule 5(d), no later than 14 days after service of the last pleading directed to the issue you want a jury to decide. The demand can be endorsed directly on a pleading instead of filed separately.

What happens if I miss the 14-day deadline to demand a jury trial?

Rule 38(d) treats a failure to properly serve and file a jury demand within the required time as a waiver of the right to a jury trial on that issue.

Do I have to pay a fee when I demand a jury trial?

Yes. Rule 38(b)(2) requires a deposit accompanying the demand -- in district court, $50 for a six-person jury or $150 for a twelve-person jury, and in circuit court, a flat $50. The unsuccessful party ultimately bears this fee as a cost, and a successful party who made the deposit recovers it back.

Can I demand a jury trial on only some issues in the case rather than all of them?

Yes. Rule 38(c) lets a party specify the particular issues it wants tried by jury. If a demand does not specify, it is treated as covering every issue triable by a jury. If one party specifies only some issues, any other party has 14 days after that demand, or a shorter time set by the court, to demand a jury trial on the remaining issues.

Once I have made a valid jury demand, can I take it back later?

Not unilaterally. Rule 38(d) provides that a proper demand for trial by jury may not be withdrawn without the consent of all the parties.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: jury trial demand wyomingjury fee depositwaiver of jury trialright to jury trial civil case