Getting a jury trial

Tex. R. Civ. P. 504.1 — 1. Jury Trial Demanded

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(a) Demand. Any party is entitled to a trial by jury. A written demand for a jury must be filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause. (b) Jury Fee. Unless otherwise provided by law, a party demanding a jury must pay a fee of $22.00 or must file a Statement of Inability to Afford Payment of Court Costs at or before the time the party files a written request for a jury. (c) Withdrawal of Demand. If a party who demands a jury and pays the fee withdraws the demand, the case will remain on the jury docket unless all other parties present agree to try the case without a jury. A party that withdraws its jury demand is not entitled to a refund of the jury fee. (d) No Demand. If no party timely demands a jury and pays the fee, the judge will try the case without a jury.

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Tex. R. Civ. P. 510.15 — 15. Trial

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(a) Trial Date. The defendant must appear for trial on the trial day listed in the citation or later trial notice. (b) Trial. An eviction case will be docketed and tried as other cases. No eviction trial may be held until 4 days has passed after service under Rule 510.8. (c) Jury Trial Demanded. (1) Demand. Any party is entitled to a trial by jury. A written demand for trial by jury must be filed with the court at least 3 days before the trial date or 3 days after service of citation and the petition, whichever is later. (2) Jury Fee. A party demanding a jury must pay a jury fee or must file a Statement of Inability to Afford Payment of Court Costs under Rule 510.7. (3) Withdrawal of Demand. If a party who demands a jury and pays the fee withdraws the demand, the case will remain on the jury docket unless all other parties present agree to try the case without a jury. A party that withdraws its jury demand is not entitled to a refund of the jury fee. (4) No Demand. If no jury is timely demanded by either party, the judge will try the case. (5) Drawing Jury and Oath. If no method of electronic draw has been implemented, the judge must write the names of all prospective jurors present on separate slips of paper as nearly alike as may be, place them in a box, mix them well, and then draw the names one by one from the box. The judge must list the names drawn an…

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Fed. R. Civ. P. 38 — Right to a Jury Trial; Demand

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate. (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and (2) filing the demand in accordance with Rule 5(d). (c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent. (e) Admiralty and Maritime Claims. These rules do not create a right to a jury trial on issues in a claim that is an admiralty or maritime claim under Rule 9(h).

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Tex. R. Civ. P. 130 — Officer To Levy

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

The sheriff or constable upon demand and failure to pay said bill of costs, may levy upon a sufficient amount of property of the person from whom said costs are due to satisfy the same, and sell such property as under execution. Where such party is not a resident of the county where such suit is pending, the payment of such costs may be demanded of his attorney of record; and neither the clerk nor justice of the peace shall be allowed to charge any fee for making out such certified bill of costs, unless he is compelled to make a levy.

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