Jury Trial Demand
(WA)

Summary

This template is a jury trial demand for use in a civil action in Washington superior court. This template includes practical guidance, drafting notes, and alternate clauses. Some courts may have local forms that should be used to demand a jury trial. Be sure to check the court's website or clerk's office for the existence of such forms before using this template.The jury trial demand should be served on the other party and filed "at or prior to the time the case is called to be set for trial." Wash. CR 38(b). Since trial setting procedures are primarily set by local court rules and vary from county to county, it is imperative to consult local rules regarding additional timing and other requirements for demanding a jury trial. A few counties have adopted specific rules concerning the timing for jury demands, often requiring that the jury demand be served and filed by the date indicated in a case scheduling order issued at the outset of the action. See, e.g., Wash. King Super. Ct. LCR 38(b)(2); Wash. Pierce Super. Ct. LCR 38(b)(2); Wash. Spokane Super. Ct. LCR 38(a)(2). Failure to serve a timely jury trial demand may result in waiver of the right to a jury trial. Wash. CR 38(d); Saldivar v. Momah, 145 Wn. App. 365, 392, 186 P.3d 1117 (2007). For further discussion of the requirements for jury trial demands, see Demanding a Jury Trial (WA). For discussion of case management procedures generally, including trial setting procedures, see Case Management, Trial Setting, and Judge Assignment Procedures (WA). For general format requirements for all litigation documents, see Formatting Rules in Court Checklist (WA). For general procedures for filing and serving documents, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA).