: " Federal Rules of Civil Procedure
NOTES TO RULE 38
HISTORY: (Amended July 1, 1966; Aug. 1, 1987; Dec. 1, 1993)
Notes of Advisory Committee on Rules.
This rule provides for the preservation of the constitutional right of trial by jury as directed in the enabling act (act of June 19, 1934, 48 Stat 1064, USC, Title 28, former � 723c (now � 2072)), and it and the next rule make definite provision for claim and waiver of jury trial, following the method used in many American states and in England and the British Dominions. Thus the claim must be made at once on initial pleading or appearance under Ill Rev Stat (1937) ch 110, � 188; 6 Tenn Code Ann (Williams, 1934) � 8734; compare Wyo Rev Stat Ann (1931) � 89-1320 (with answer or reply); within 10 days after the pleadings are completed or the case is at issue under 2 Conn Gen Stat (1930) � 5624; Hawaii Rev Laws (1935) � 4101; 2 Mass Gen Laws (Ter Ed 1932) ch 231, � 60; 3 Mich Comp Laws (1929) � 14263; Mich Court Rules Ann (Searl, 1933) Rule 33 (15 days); England (until 1933) O. 36, r. r. 2 and 6; and Ontario Jud Act (1927) � 57(1) (4 days, or, where prior notice of trial, 2 days from such notice); or at a definite time varying under different codes, from 10 days before notice of trial to 10 days after notice, or, as in many, when the case is called for assignment, Ariz Rev "
