§38.2 Text of Rule

• Jurisdiction: Washington

§38.2 TEXT OF RULE

RULE 38. JURY TRIAL OF RIGHT

(-) Defined. A trial is the judicial examination of the issues between the parties, whether they are issues of law or of fact.

(a) Right of Jury Trial Preserved. The right of trial by jury as declared by article 1, section 21 of the constitution or as given by a statute shall be preserved to the parties inviolate.

(b) Demand for Jury. At or prior to the time the case is called to be set for 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, by filing the demand with the clerk, and by paying the jury fee required by law. If before the case is called to be set for trial no party serves or files a demand that the case be tried by a jury of twelve, it shall be tried by a jury of six members with the concurrence of five...