Learn about the basic elements of a jury trial. A jury trial must be demanded when the case is first set for trial (if set on notice or stipulation) or within 5 days after notice of setting.A Standard Document counsel may use when requesting a jury trial in a California unlimited civil action. If you would like to ask for a jury trial, you may enter a short plain statement in your complaint, that states, "demand for jury trial. Rule 38 preserves the right to a jury trial in civil cases, requiring a specific demand within 14 days after the last pleading directed to the issue. Either party may file a demand for jury trial. The demand must be timely filed per statute or the right to a jury trial is waived. The defendant demanded a jury trial at the outset of litigation but later waived this right on the day of the trial. If you request a jury trial, you have to deposit advance jury fees with the clerk before the initial case management conference in the case. No civil cover sheet is filed with a new action, or the civil cover sheet is not completely filled out.