Florida Family Law Rule 12.430 - DEMAND FOR JURY TRIAL; WAIVER | Syfert Law

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Florida Family Law Rule 12.430

RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER

(a) Right Preserved. The right of trial by jury as declared by
the Constitution or by statute must be 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 serving on the other party a
demand in writing 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 endorsed on a pleading
of the party.

(c) Specification of Issues. In the demand, a party may
specify the issues that the party would like tried; otherwise, the
party is deemed to demand trial by jury for all issues so triable. If a
party has demanded trial by jury for only some of the issues, any
other party may serve 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
such lesser time as the court may order.

(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,
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 within such other
period as may be directed by the court.

(e) Waiver. A party who fails to serve 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 allow
an amendment in the proceedings to demand a trial by jury or 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be withdrawn without the consent of the parties.
Link to Florida Bar Official Rule 12.430

Cases Citing Rule 12.430

Total Results: 3

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

------------------------------------------- RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER Demands for

Category: Family Law

In Re: Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591314

Published

[No Change] RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER (a)-(c)

Category: Family Law

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

recorded. Commentary [no change] RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER Demands for

Category: Family Law