Jury Trial Demand
(CA)

Summary

This template may be used to demand a jury trial in a civil action in California superior court. This template includes practical guidance and drafting notes. In most California civil actions, a demand for a jury trial should be made in the case management statement, which must be filed 15 calendar days before the date set for the initial case management conference or review. See Cal. Rules of Ct., Rule 3.725(a). Parties must indicate whether or not they seek a jury trial by checking the appropriate box in Paragraph 5 on the mandatory Judicial Council form of Case Management Statement (Form CM-110). See Cal. Rules of Ct., Rule 3.725(c) (use of Judicial Council case management statement form is mandatory). The form is available in fillable PDF format on the California Courts website. Unless the case is exempt from the general case management review procedures (including complex cases and certain other specified cases), the court must generally schedule an initial case management review within 180 days after the initial complaint is filed. See Cal. Rules of Ct., Rules 3.721, 3.722. This template may be used to demand a jury trial if the action is not subject to the general case management review procedure or if a party has a right to a jury trial but fails to request it in its case management statement. In that situation, a party requesting a jury trial should file a jury trial demand at the at the time the case is first set for trial, if it is set by notice or stipulation, or within five days after notice of setting if trial is set without notice or stipulation. Otherwise, the right to jury trial is waived. See Cal. Code Civ. Proc. § 631(f)(4). For discussion of the right to jury trial and further information on procedures for demanding a jury trial, including jury fee deposit requirements, see Demanding a Jury Trial (CA). The jury trial demand should be filed with the court and served on all other parties to the action who have appeared. For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA).