In Code of Civil Procedure section 631, the Legislature has enacted the sole means for selecting a court rather than a jury trial in a civil case. 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.In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In civil trials, both the plaintiff and the defendant have the constitutional right to a jury trial. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. A tutorial on how to determine whether the right to a jury trial exists in civil cases involving both equitable and legal causes of action. All persons accused of a crime or involved in a civil dispute have a constitutional right to have a jury decide their cases. (a) Right Preserved.