United States · Florida case management
When must a Florida civil party file a demand for trial by jury?
Under Rule 1.430(b), a party may demand trial by jury after commencement of the action and must file the demand no later than ten days after service of the last pleading directed to the issue. The demand may appear in a pleading. Establish that the issue is triable by jury and identify its actual last directed pleading. A motion, trial order or pleading’s filing alone is a different event.
- Period
- Ten calendar days after service of the issue’s last directed pleading
- Trigger
- Actual service of the last pleading directed to the identified issue triable by jury
- Rule
- Florida Rule of Civil Procedure 1.430(a),(b)
Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026
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Which actual event starts this Florida civil period?
Identify each issue triable by jury under the applicable constitutional or statutory right.
Classify the actual pleadings under Rule 1.100(a) and find the last one directed to that issue. A later unrelated document does not automatically supply a new event.
Preserve that pleading’s actual service, existing demands and the issues each demand covers.
Florida Rule of Civil Procedure 1.430(a),(b)How does Florida count this civil period?
- Identify each issue triable by jury under the applicable constitutional or statutory right.
- Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. The issue is triable by jury, and its last directed pleading is served electronically. No existing waiver or different procedure is assumed. The actual triggering event occurs August 2, 2027. No mail-only addition, further clerk holiday or different actual order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual service of the last pleading directed to the identified issue triable by jury | August 2, 2027 |
| Applicable period | Ten calendar days after service of the issue’s last directed pleading | Thursday, August 12, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida civil qualifications change the procedure?
- The jury right must exist for the actual issue
- Rule 1.430(a) preserves the jury right declared by the Florida Constitution or given by statute. The calculator does not decide whether a particular claim or issue is triable by jury.
- The event is service of an issue’s last pleading
- Rule 1.430(b) uses the last pleading directed to the issue. Rule 1.100(a) identifies permitted pleadings. Do not automatically substitute the latest motion, discovery request, docket entry or document unrelated to that issue.
- A demand may specify only some issues
- Under Rule 1.430(c), a party may specify the demanded issues. Without a specification, the demand addresses all issues triable by jury. A partial demand allows another party’s separate demand for other or all triable issues after actual service of that demand or as ordered.
- Waiver and relief require the actual jury-demand record
- Under Rule 1.430(e), failure to file the required demand waives jury trial. After waiver, the court may not grant jury trial without the parties’ consent, but may order a jury trial on its own motion. A demand cannot be withdrawn without the parties’ consent. A late filing or an extension request does not itself establish relief from waiver.
- This page does not establish valid service, pleading sufficiency, waived defenses or permission to extend a period.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida civil act
When must a Florida civil party file a demand for trial by jury?
Must I wait until the last pleading to demand a jury?
Rule 1.430(b) permits a demand any time after commencement, including in a pleading. Ten days after the issue’s last directed pleading is the stated outer timing boundary.
Florida Rule of Civil Procedure 1.430(b)Does any new motion restart the ten days?
The rule names service of the last pleading directed to the issue. Rule 1.100(a) distinguishes pleadings from motions. Establish the actual document and issue.
Florida Rule of Civil Procedure 1.100(a)Does missing the demand eliminate every possible jury procedure?
Rule 1.430(e) establishes waiver and the parties’ consent requirement for granting jury trial afterward, while preserving the court’s power to order jury trial on its own motion. Relief is not automatic.
Florida Rule of Civil Procedure 1.430(e)Official Florida sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.430(a),(b) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.430(a) | The jury right must exist for the actual issue |
| Florida Rule of Civil Procedure 1.100(a) | The event is service of an issue’s last pleading |
| Florida Rule of Civil Procedure 1.430(c) | A demand may specify only some issues |
| Florida Rule of Civil Procedure 1.430(e) | Waiver and relief require the actual jury-demand record |
| Florida Rule of Civil Procedure 1.080(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.090(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |
| SC2023-0962, corrected January 23, 2025, pages 6–7 | Pending-action case-management orders and initial-disclosure commencement cutoff |