Under the Federal Rules of Civil Procedure, a party who wants to have an issue tried by a jury must make a demand. To avoid waiving the right to a jury trial, a party must serve the demand within what time frame?
At any time before the final pretrial conference.
Within the time allowed to file the initial complaint.
No later than 21 days after the service of the last pleading directed to the issue.
No later than 14 days after the service of the last pleading directed to the issue.
The correct answer is that a jury trial demand must be made no later than 14 days after the service of the last pleading directed to the triable issue. Federal Rule of Civil Procedure 38(b)(1) establishes this deadline. A failure to make a timely demand, as stated in Rule 38(d), constitutes a waiver of the right to a jury trial. The other options provide incorrect time frames.
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What is a 'pleading' in the context of the Federal Rules of Civil Procedure?
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Multistate Bar Examination
Civil Procedure
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