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Rule 38. Jury trial of right.

(a) Right preserved. The right of trial by jury as declared by theconstitution or as given by statute shall be preserved to the parties.

(b) Demand. Any party may demand a trial by jury of any issuetriable of right by a jury by paying the statutory jury fee and serving uponthe other parties a demand therefor in writing at any time after thecommencement of the action and not later than 14 days after the service of thelast pleading directed to such issue. Such demand may be endorsed upon apleading of the party.

(c) Same: specification of issues. In his demand a party may specify the issues which hewishes so tried; otherwise he shall be deemed to have demanded trial by juryfor all the issues so triable. If he has demanded trial by jury for only someof the issues, any other party, within 14 days after service of the demand orsuch lesser time as the court may order, may serve a demand for trial by juryof any other or all of the issues of fact in the action.

(d) Waiver. The failure of a party to pay the statutory fee, toserve a demand as required by this rule and to file it as required by Rule 5(d)constitutes a waiver by him of trial by jury. A demand for trial by jury madeas herein provided may not be withdrawn without the consent of the parties.