Request Jury Trial Timing

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Summary

In New York, you should request a trial by jury when you first respond to the lawsuit, typically in your answer or soon after. Under Federal Rules of Civil Procedure 38(b), a party can demand a jury trial no later than 14 days after the last pleading directed to the issue is served. Discovery is not considered a pleading; it is a pre-trial procedure for obtaining evidence. Consult an attorney for advice specific to your situation.

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when is the best time to motion the court to amend for a trail by jury, and not a bench trial
Hello Jimmy, in New York, you should typically request a trial by jury when you first respond to the lawsuit. This is usually in your answer or soon after. Remember, this is general legal information, you should consult with an attorney for advice specific to your situation.
but, if you do not and ask for a jury trial before discovery is over in the USDC NY
In New York, the Federal Rules of Civil Procedure *(b) allow a party to demand a jury trial no later than 14 days after the last pleading directed to the issue is served. So, it is possible to request a jury trial before discovery ends, but it's best to do so early. Remember, this is general legal information, consult with an attorney for advice specific to your situation.
is discovery considered pleading
No, discovery is not considered a pleading. Pleadings are formal written statements of a party's claims or defenses. Discovery is a pre-trial procedure for obtaining evidence from the other party.