Pa. R. Civ. P. 1007.1 (2026)

Rule 1007.1. Jury Trial. Demand. Waiver.

 (a)  Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.

 (b)  Arbitration Appeal. Where an appeal is taken from an award in compulsory arbitration and a jury trial has not theretofore been demanded, the right to a jury trial shall be deemed waived unless the appellant endorses a demand for a jury trial on the appeal, or unless the appellee files and serves a written demand for a jury trial not later than ten days after being served with the notice of appeal.

 (c)  Withdraw of Demand.

   (1)  A demand for trial by jury may not be withdrawn without the consent of all parties who have appeared in the action.

   (2)  A demand for a trial by jury on behalf of a party shall be deemed withdrawn if at the time a case is called for trial that party, without satisfactory excuse, fails to appear or appears but is not ready. Any other party appearing and ready who has not already demanded a trial by jury shall forthwith demand a trial by jury or shall be deemed to have waived the same.

   This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g). A trial without jury shall be conducted in accordance with Pa.R.Civ.P. 1038.

   The provisions of this Rule 1007.1 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (411427) to (411428).