Fla. R. Civ. P. 1.430

Demand for Jury Trial; Waiver

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RULE 1.430. 	DEMAND FOR JURY TRIAL; WAIVER
(a) 	Right Preserved. The right of trial by jury as declared by
the Constitution or by statute is preserved to the parties inviolate.
(b) 	Demand. Any party may demand a trial by jury of any
issue triable of right by a jury by filing a demand at any time after
commencement of the action and not later than 10 days after the
service of the last pleading directed to such issue. The demand may
be included within a pleading of the party.
(c) 	Specification of Issues. In the demand a party may
specify the issues that the party wishes to be tried; otherwise, the
party is deemed to demand trial by jury for all triable issues. If a
party has demanded trial by jury for only some of the issues, any
other party may file a demand for trial by jury of any other or all of
the issues triable by jury 10 days after service of the demand or as
ordered by the court.
(d) 	Juror Participation Through Audio-Video
Communication Technology. Prospective jurors may participate in
voir dire or empaneled jurors may participate in the jury trial
through audio-video communication technology, as described in
Florida Rule of General Practice and Judicial Administration

2.530(c), if stipulated by the parties in writing and authorized by
the court. The written stipulation and a written motion requesting
authorization must be filed with the court within 60 days after
service of a demand under subdivision (b) or as ordered by the
court.
(e) 	Waiver. A party who fails to file a demand as required by
this rule waives trial by jury. If waived, a jury trial may not be
granted without the consent of the parties, but the court may order
a trial by jury on its own motion. A demand for trial by jury may not
be withdrawn without the consent of the parties.
Committee Notes
1972 Amendment. Subdivision (d) is amended to conform to
the decisions construing it. See Wood v. Warriner, 62 So. 2d 728
(Fla. 1953); Bittner v. Walsh, 132 So. 2d 799 (Fla. 1st DCA 1961);
and Shores v. Murphy, 88 So. 2d 294 (Fla. 1956). It is not intended
to overrule Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st DCA 1964),
that requires a moving party to show justice requires a jury.

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