{"data":{"id":"us-mt/m.-r.-civ.-p.-38","jurisdiction":"us-mt","citation":"M. R. Civ. P. 38","heading":"Right to a Jury Trial; Demand.","body":"(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.\n(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:\n(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\n(2) filing the demand in accordance with Rule 5(d).\n(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.\n(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 A proper demand may be withdrawn only if the parties consent.","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 20. RULES OF CIVIL PROCEDURE","VI. Trials"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0060/section_0380/0250-0200-0060-0380.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:09Z","sha256":"aac5a27c5a76f2ed643c7865cd06ee10db2b14b5d965dad0556cfb3181b439b9","source_id":"us-mt","stale":false,"prev":"us-mt/m.-r.-civ.-p.-37","next":"us-mt/m.-r.-civ.-p.-39"},"notice":"GroundRules: Original legal text. Not legal advice."}