When must a jury demand be served after removal with all pleadings served?

Establish whether all necessary pleadings were served when removal occurred.

Identify any express state-law demand before removal and whether state law required an express demand.

Identify who filed removal and actual service of another party’s notice. Read any court order requiring a demand.

1. Identify the actual actor, pleading and required act.
2. Establish the specified event and applicable order.
3. Resolve the material conditions. This guide publishes no calculated date.
4. Check final-day conditions and preserve service and filing evidence separately.

Identify the party’s role and applicable event. Own filing and receipt of another party’s served notice are distinct branches. Apply Rule 6(a) and assess Rule 6(d) only for a qualifying after-being-served branch. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition.

Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.

The party’s role determines whether filing or service is the event. Prior state-law demands, actual court orders and service method cannot be resolved by one unselected fourteen-day preset.

Prior express demand

Rule 81(c)(3)(A) says an express demand made in accordance with state law before removal need not be renewed.

State law did not require a demand

When state law did not require an express demand, subsection (A) requires none after removal unless the court orders one within a specified time. Failure when ordered waives the jury trial.

Party role and necessary pleadings

Subsection (B) applies when all necessary pleadings were served at removal. It distinguishes own filing from service of another party’s removal notice.

• This page does not establish effective service, merits, compliance or an actual court grant.
• Service and filing are different acts. Verify both when required.

• Establish whether all necessary pleadings were served when removal occurred.
• Rule 81(c)(3)(A) says an express demand made in accordance with state law before removal need not be renewed.
• When state law did not require an express demand, subsection (A) requires none after removal unless the court orders one within a specified time. Failure when ordered waives the jury trial.
• Subsection (B) applies when all necessary pleadings were served at removal. It distinguishes own filing from service of another party’s removal notice.
• The stated demand must be served. Check applicable filing requirements separately. Preserve the prior state demand, actual removal notice and demand service. For filing, Rule 6(a)(4) ordinarily uses midnight in the court’s time zone for electronic filing and scheduled clerk closing for other filing. A statute, local rule or order may set another time. These filing cutoffs do not establish effective service by every method. Preserve evidence of each actual required act.