The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.
In Texas, the right to a trial by jury in civil cases is protected under both the United States Constitution and the Texas Constitution. The Seventh Amendment of the U.S. Constitution guarantees the right to a jury trial in federal civil cases where the value in controversy exceeds twenty dollars. Similarly, Article I, Section 15 of the Texas Constitution ensures the right of trial by jury shall remain inviolate. However, this right is not automatic in civil matters; parties must actively assert it. To invoke the right to a jury trial in a civil case in Texas, a party must file a written request, known as a 'jury demand,' and typically must do so a certain number of days before the trial date, as specified by the Texas Rules of Civil Procedure. Additionally, the requesting party must pay a jury fee. The specific time frame for requesting a jury trial and the amount of the jury fee can vary and should be verified based on the applicable local rules and statutes. If these procedural requirements are not met, the right to a jury trial may be waived.
