How to Request a Trial by Jury for a Small Claims Suit

In most states, filing a small-claims suit means giving up the right to a trial by jury. Usually the defendant can request the suit be moved to a higher court in front of a jury.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Copy of the original claim

Request a Trial by Jury

1. Find out if your state offers trial by jury in small-claims court—most do not, but a few do. If your state does offer the small-claims jury trial, you may request this for a higher fee when you originally file the claim.
2. Hire a lawyer to defend you. Procedures in civil court, which is also called circuit or justice court, are quite difficult from those in small-claims court. Even if your case originated in small claims, you must follow the civil court rules for evidence. You should hire a lawyer as soon as you decide to transfer the case, as this must be disclosed to the plaintiff.
3. Request the trial by jury if you are the defendant. Once you are served with the small-claims suit, you can request a trial by jury. In a few states, this means simply paying a higher fee to have a small-claims trial by jury, but usually you will need to move the case to a higher court.
4. File a "request to transfer" form with the court in which the suit was filed. You must also disclose if you have obtained counsel to defend you in court. You will need the original suit number to request the transfer. Usually you will file your counterclaim at the same time.
5. Learn more about what your trial by jury will entail at Nolo's Web site (see Resources below). The Rights & Disputes section has articles to help you with almost every step of your case.

Tips & Warnings

• In just a few states, any dispute over a set amount has the right to a jury trial. A jury trial in small-claims court is handled in the same way as a regular small-claims case, except a jury decides the judgment. Usually to obtain a jury trial, you must transfer the case to a higher court.
• The fees for a jury trial can be quite high, so prepare for the extra costs. The party that requests the trial pays the transfer fees.