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Demand Jury Form

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Complaint and Demand for Trial by Jury

JOHN LAWYER, ESQ.

12 MAIN STREET

ANYWHERE, USA

Attorney for Plaintiffs

JANE SMITH AND JOHN SMITH

her husband,

Plaintiffs,

vs.

ABC MALL, 123 INC.

JOHN DOES 1-5 (Fictitious names

as true identities are unknown)

and XYZ CORPORATION 1-5

(Fictitious name as true

identities are unknown),

Defendants.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION

MONMOUTH COUNTY

DOCKET NO.

COMPLAINT AND DEMAND

FOR TRIAL BY JURY

Plaintiffs, Jane Smith and John Smith, her husband, residing at , by way of Complaint against the defendants, say:

FIRST COUNT

1. On or about , plaintiff, Jane Smith, was on the sidewalk outside of the ABC Mall, located in the .

2. Defendant, ABC Mall, 123 Inc. and/or XYZ CORPORATION, either owned, leased, rented and/or was responsible for managing, controlling, inspecting, maintaining, cleaning and/or repairing the aforesaid premises, as well as keeping the premises free of dangerous and hazardous conditions.

3. Defendants negligently and carelessly operated, managed, controlled, inspected, maintained, cleaned and/or repaired said premises and failed to keep said premises free of dangerous and hazardous conditions.

4. As a direct and proximate result of Defendants' negligence, Plaintiff was caused to fall and sustain injuries of a personal, economic and emotional nature.

WHEREFORE, Plaintiff, Jane Smith, demands judgment against Defendants, jointly and/or severally, for damages along with interest, cost of suit, and attorneys fees.

SECOND COUNT

1. Plaintiff repeats and realleges all of the allegations set forth in the First Count as if set forth at length herein.

2. Plaintiff is unsure of the true names and capacities of certain defendants and therefore sues them under the fictitious names, "John Does". When Plaintiff has ascertained the true names and identities of said Defendants, she will amend her complaint to so indicate.

3. Said "John Doe" Defendants were careless and negligent in that they carelessly and negligently managed, controlled, inspected, maintained, cleaned and/or repaired the subject premises and allowed a dangerous and hazardous condition to exist which was a direct and proximate result of Plaintiff's injuries.

WHEREFORE, Plaintiff, Jane Smith, demands judgment against the defendants, jointly and/or severally, for damages along with costs of suit, interest, and attorneys fees.

THIRD COUNT

1. Plaintiff, John Smith, repeats and realleges each and every allegation of the First and Second Counts of the Complaint as if same were set forth at length fully herein.

2. Plaintiff, John Smith, was at all times relevant herein, and still is the husband of Plaintiff, Jane Smith.

3. As a result of the injuries caused to Plaintiff, Jane Smith, which resulted from the negligence of the Defendants, Plaintiff, John Smith, has been caused to suffer the loss of services and consortium of Plaintiff, Jane Smith.

WHEREFORE, Plaintiff, John Smith, demands judgment against Defendants, jointly and/or severally, for damages, along with costs of suit, interest, and attorneys fees.

JURY DEMAND

Plaintiffs hereby demand a trial by jury as to all issues.

DESIGNATION OF TRIAL COUNSEL

John Lawyer, Esq., is hereby designated as trial counsel in this matter.

CERTIFICATION

I hereby certify pursuant to Rule 4:5-1 that this matter is not the subject of any other action pending in any Court or of a pending arbitration proceeding, and that there exist no other parties to be joined to this action.

JOHN LAWYER

DATED:

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What the Demand Jury Form Is and when it applies

The Demand Jury Form is a written request filed by a party in litigation asking a court for a jury trial on a legal issue or issues. It identifies the case caption, the parties making the demand, the specific claims or issues for which a jury is requested, and the signature and date. In federal cases, Federal Rule of Civil Procedure 38(b) governs timing; state courts use local rules and statutes. The form is typically filed with the clerk and served on opposing parties in accordance with court procedures.

Why a clear Demand Jury Form matters

A timely, accurate Demand Jury Form preserves the right to jury trial and prevents waiver of jury issues. It creates a record for the clerk, triggers required scheduling and service obligations, and helps the court and opposing parties prepare pretrial procedures and discovery.

Why a clear Demand Jury Form matters

Who typically prepares and files a Demand Jury Form

Filing practices differ by jurisdiction; attorneys usually follow local rules and electronic filing procedures to avoid waiver or service defects.

  • Civil litigators and defense counsel who want jury resolution of factual disputes in civil cases.
  • Pro se plaintiffs or defendants asserting their own right to a jury trial without an attorney.
  • Corporate counsel or in-house legal teams filing the demand on behalf of an organization.

Essential sections to include on a professional Demand Jury Form

A complete form combines clear caption data, precise request language, jurisdictional timing, service details, and a valid signature block so the court can process the demand without follow-up.

Case Caption

Full court name, docket number, and party names exactly as on the complaint or answer to ensure correct filing and clerk indexing.

Statement of Demand

A concise sentence stating the party demands a jury trial on all issues triable of right or on specified issues, avoiding ambiguous language that could be construed as waiver.

Timing Reference

Citation or statement of the controlling deadline (for federal cases, FRCP 38(b): demand due no later than 14 days after last pleading), or the applicable local rule.

Service Information

Specify how the form was served (e-filing system, email if allowed, or personal service) and include date of service to document compliance.

Signature Block

Printed name, attorney bar number if applicable, firm or party name, address, phone, email, and handwritten or permitted electronic signature with date.

Reservation Language

Optional lines reserving rights (e.g., jury demand does not waive other defenses) to prevent inadvertent concession of tactical issues.

Required information and fields at a glance

Court name: Exact court
Docket number: As assigned
Party names: Full legal names
Demand text: Clear request
Service date: MM/DD/YYYY
Signature: Authorized signer

Step-by-step: preparing and filing a Demand Jury Form

Follow these steps to prepare, file, and serve a Demand Jury Form while preserving the jury right and meeting court timing rules.

  • 01
    Verify deadline: Confirm demand deadline under FRCP or local rule.
  • 02
    Complete caption: Fill court name, docket, and party names exactly.
  • 03
    Draft demand: Insert clear jury demand language and any limited issue statements.
  • 04
    File and serve: File with clerk and serve other parties per rules.

How to update or revise a filed Demand Jury Form

If you need to amend or withdraw a demand, follow local rules and court procedures; some courts treat withdrawal as substantive and require notice or permission.

01

Check local rules:

Determine whether amendment or withdrawal requires leave of court.
02

Prepare filing:

Draft amended demand or notice of withdrawal with clear rationale.
03

Serve parties:

Serve opposing counsel and file proof of service.
04

Request hearing:

If required, request a hearing or court approval.
05

Update docket:

Confirm clerk posts amendment on the docket.
06

Preserve rights:

Explain how amendment affects other claims and defenses.

Typical routing from drafting to clerk acceptance

A Demand Jury Form follows a short routing path: prepare, sign, file, and serve. Each step creates a record for the court and opposing parties.

  • Prepare form: Complete all required fields and sign.
  • File with clerk: Submit via ECF or local e-filing system.
  • Serve opposing counsel: Use permitted service methods and note the date.
  • Confirm docket entry: Verify the clerk recorded the demand.

How to configure an online e-filing workflow for a Demand Jury Form

Set up fields, signatures, and service steps in your document workflow to match the court’s e-filing and service requirements.

Field Configuration
Caption fields Required, read-only where possible
Signature field Enable e-sign with signer attribution
Service step Auto-generate proof of service
Filing export PDF/A export for court compatibility

Digital signing and eSubmission considerations

When using eSign platforms, ensure the platform can produce an audit trail and the exported file meets the court clerk’s technical and evidentiary standards.

  • Document format: PDF/A or court-accepted PDF
  • Signer authentication: Email or stronger authentication
  • Audit trail: Timestamp, IP, and action log

Representative eSignature pricing and feature comparison

Basic pricing and capability differences across common eSignature vendors; signNow appears first. Verify vendor plans and features with each provider for current details.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key risks and penalties for incorrect or late demands

Waiver risk: Missed deadline may waive jury
Rejected filing: Clerk may reject noncompliant demands
Sanctions exposure: False statements risk sanctions
Service defects: Improper service can invalidate demand
Delay costs: Scheduling and discovery delays
Loss of leverage: Strategic rights may be lost

Common mistakes to avoid when preparing a Demand Jury Form

  • Missing the applicable deadline under federal or local rules, which can result in waiver of the right to a jury under FRCP 38 or analogous state rules.
  • Using an incorrect or incomplete case caption or docket number so the clerk cannot properly associate the demand with the underlying case file.
  • Failing to sign or using an electronic signature method that does not meet local court authentication requirements, causing the clerk to reject the filing.
  • Neglecting to serve opposing counsel properly and to file proof of service, leaving the demand ineffective against counterparts.

Typical signers and their authority

Civil Plaintiff Attorney

An attorney of record signs on behalf of a client, using their bar number and firm contact details; signature attests that the demand is timely and not frivolous, and the attorney is responsible for serving opposing counsel.

Pro Se Litigant

A self-represented party may sign their own Demand Jury Form; the court accepts the signature if it complies with local filing rules and the party is the named litigant in the caption.

Key timing rules and deadlines affecting a Demand Jury Form

Timely service and filing are essential. Federal and many state rules set short windows; confirm the deadline for your specific court before preparing the demand.

Federal deadline (FRCP):

FRCP 38(b): demand due within 14 days after last pleading

Local rule check:

State and county courts have varying deadlines

E-filing processing:

Allow extra time for system submission and clerk acceptance

Proof of service:

File simultaneously or promptly after service as required

Amendment timing:

Follow local rules for withdrawing or amending demand

Frequently asked questions about the Demand Jury Form

Answers to common practical and legal questions about completing, signing, filing, and serving a Demand Jury Form, including e-signature and jurisdiction concerns.


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