Summary

• Jurisdiction: Washington

Chapter Details

Summary

§38.1Introduction

§38.2 Text of Rule

§38.3 Historical Development

§38.4Comparison With Federal Rule

§38.5 Purpose and Procedure (1)Relationship Between CR 38 and CR 39 (2)Implementation of Jury Trial Right (a)Timing of Jury Demand (b)How to Make a Jury Demand (3)Specifying the Issues for Jury Trial (4)Waiver of the Right to a Jury Trial (5)Reliance on Filed Demand

§38.6 Analysis (1)The "Two-Step" Approach to Determine Whether There Is a Right to Trial by Jury (2)Jury Trial Right When Case Presents Mixed Questions of Law and Equity (3)Types of Action to Which Right Applies (4)Waiver, Revival, and Withdrawal of Jury Demand

§38.7 Significant Authorities (1)General Principles of Right to Trial by Jury (a)Washington (b)Federal (2)Types of Cases and Issues (a)Washington (b)Federal (3)Demand for Jury (a)Washington (b)Federal (4)Waiver of Jury (a)Washington (b)Federal (5)Other

§38.8Strategic and Practical Considerations (1)Considerations Affecting a Party's Decision Whether to Demand a Jury (2)Effect of Jury on Tactics and Strategy at Trial and on Pretrial Preparation and Proceedings (3)Other Matters

§38.9Forms and Checklists (included on the CD accompanying this deskbook)

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Stellman Keehnel is a partner in the Seattle office of DLA Piper LLP (US). Mr. Keehnel graduated from the Yale Law School in 1979 and from Stanford University in 1976. His commercial litigation practice emphasizes defense of securities class...