7.19Jury Waiver and Jury Demand

The right to a trial by jury is waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. Const 1963, art 1, § 14. See also MCR 2.508.

A jury demand must be made “within 28 days after the filing of the answer or a timely reply,” and it “must be filed as a separate document.” MCR 2.508(B)(1). The party must pay the required jury fee at the time the demand is filed. Id. Failing to file a jury demand or pay the jury fee waives trial by jury. MCR 2.508(D)(1). The court’s decision whether to grant a late demand for a jury trial is reviewed for an abuse of discretion. Carrier Creek Drain Drainage Dist v Land One, LLC, 269 Mich App 324, 331 (2005).

A jury demand is deemed to apply to all triable issues, unless a party specifies the demand only applies to certain issues. MCR 2.508(C)(1). Within 14 days of service of a limited jury demand, or less time as ordered by the court, another party may serve a demand for a jury trial on other, or all, issues. MCR 2.508(C)(2).

“Waiver of trial by jury is not revoked by an amendment of a pleading asserting only a claim or defense arising out of the conduct, transaction, or occurrence stated, or attempted to be stated, in the original pleading.” MCR 2.508(D)(2).

“A demand for trial by jury may not be withdrawn without the consent, expressed in writing or on the record, of the parties or their attorneys.” MCR 2.508(D)(3). “[T]he ‘on the record’ language . . .   encompasses an expression of agreement implied by the conduct of the parties . . . under a ‘totality of the circumstances’ test.” Marshall Lasser, PC v George, 252 Mich App 104, 107-108 (2002) (where the plaintiff demanded a jury trial and was awarded a default judgment, the plaintiff’s subsequent participation in bench trial proceedings on the issue of damages precluded him from appealing the damages award on the basis that a jury should have decided the issue).

“A motion for directed verdict that is not granted is not a waiver of trial by jury, even though all parties to the action have moved for directed verdicts.” MCR 2.516.¹