Fla. R. Civ. P. 1.430
DEMAND FOR JURY TRIAL; WAIVER
Text — October 1, 2026 edition
(a) Right Preserved. The right of trial by jury as declared by the Constitution or by statute is preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by filing a demand at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. The demand may be included within a pleading of the party.
(c) Specification of Issues. In the demand a party may specify the issues that the party wishes to be tried; otherwise, the party is deemed to demand trial by jury for all triable issues. If a party has demanded trial by jury for only some of the issues, any other party may file a demand for trial by jury of any other or all of the issues triable by jury 10 days after service of the demand or as ordered by the court.
(d) Juror Participation Through Audio-Video Communication Technology. Prospective jurors may participate in voir dire or empaneled jurors may participate in the jury trial through audio-video communication technology, as described in Florida Rule of General Practice and Judicial Administration 2.530(c), if stipulated by the parties in writing and authorized by the court. The written stipulation and a written motion requesting authorization must be filed with the court within 60 days after service of a demand under subdivision (b) or as ordered by the court.
(e) Waiver. A party who fails to file a demand as required by this rule waives trial by jury. If waived, a jury trial may not be granted without the consent of the parties, but the court may order a trial by jury on its own motion. A demand for trial by jury may not be withdrawn without the consent of the parties.
Notes and commentary — not rule text
Committee Notes
1972 Amendment. Subdivision (d) is amended to conform to the decisions construing it. See Wood v. Warriner, 62 So. 2d 728 (Fla. 1953); Bittner v. Walsh, 132 So. 2d 799 (Fla. 1st DCA 1961); and Shores v. Murphy, 88 So. 2d 294 (Fla. 1956). It is not intended to overrule Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st DCA 1964), that requires a moving party to show justice requires a jury.
Source of truth
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- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf (PDF pages 140–141)
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