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 civil trials, both the plaintiff and the defendant have the constitutional right to a jury trial.You will be mailed a summons form with a date to report and a qualification questionnaire to complete and return within ten (10) days to the Court. This Handbook is designed to help people with filing civil lawsuits in federal court without legal representation. New York State Constitution. Under the Seventh Amendment of the Constitution, defendants have a right to a jury trial in civil cases seeking monetary damages. The New York State Court system provides online access to Criminal Jury Instructions in WordPerfect and PDF. 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.