A party seeking money in civil court — to enforce a breach of contract claim for example  — or anyone defending one — might wonder: will a jury of my peers decide the case, ultimately? Or perhaps a judge? Or, will it be an arbitrator, outside of the court system entirely? The answer is, it depends.     

But let’s look at the benefits of trial by jury, first.  

 

Benefits of Trial By Jury

A jury of one’s peers is a great way to resolve a case, fairly. For example, a party can move to strike a potential juror for bias that will make the juror unable to decide the case objectively.  Plus, the entire jury pool must reflect the general population of the geographic area of the case.   

In PA, according to §4501.  Declaration of policy.

It is the policy of this Commonwealth that:

(1)  All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.

But note: these rights only apply when you’re “entitled” to a jury trial.     

 

Right to Trial by Jury in PA

In truth, there’s no absolute right to trial by jury in PA for breach of an agreement. In fact, neither the federal Constitution nor PA’s state-level constitution create or acknowledge such a right. That said, a party seeking money damages (not an injunction, discussed below) for breach of contract will generally have the right to trial by jury — in most instances, if timely requested and not waived. 

Below are four (4) instances where a jury may never decide a given dispute.  

 

1. Request for an Injunction Versus Money Damages  

A request for money is one one thing, but only a judge — not a jury — can impose an injunction. This is where a court orders a party to physically take action do something or refrain from doing something. Examples include: 

1. 1. An order enforcing a noncompete, to stop a former employee from competing with the Plaintiff, for example, or 
   2. An order precluding a party from sharing confidential information or a trade secret.

When it comes to a “special relief” request, the law in PA only provides for “a judge” to decide, not a jury, tracing back to “merry ol’ England,” when only special kinds of judges — never a jury — could issue an “injunction.” The law today provides: 

Rule 1531 Special Relief. Injunctions.

(a)  A court [not a jury] shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction without a hearing or without notice.

 

2. Waiver by Electing Arbitration (Outside of the Courts) 

You can waive the right to a jury trial easily: by signing a binding contract that compels you to resolve your disputes through arbitration, outside of the courts.  Note this is different from compulsory arbitration through the courts.  For example, in Allegheny County, if you file suit and seek less than $50,000 your case will automatically go to “compulsory arbitration” in the county court system.  From there, you can appeal to a jury trial.  

Arbitration outside the courts is totally different.  There’s no right to appeal to jury trial, and the parties pay the arbitrator for his (or her) time.  The bottom line is, even when one party breaches a contract, he may still compel arbitration outside of the courts, if the contract contains an arbitration clause.  Click here about enforceability of arbitration clauses.  

 

3. Waiver by Failing to Request a Jury in Your Complaint,

Answer, or Other “Responsive Pleading”

You can also waive the right to a jury trial — where one exists — by failing to timely request one when filing suit or defending a lawsuit.  Pennsylvania Rule of Civil Procedure 1007.1 provides: 

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.  

“Last permissible pleading” means the Plaintiff’s complaint, the Defendant’s written answer, or any other reply or answer to those pleadings.  And, once the “pleading phase” closes — and the parties move into the “discovery phase” (serving written discovery on each other and taking depositions) — so too will the right to request a jury trial, after the narrow twenty (20) day window closes.        

 

4. Other Instances  

There are numerous other instances where one’s claim for “breach of contract” may note go before a jury,  such as:

• The contract provides for only a “bench trial,” not a jury trial
• Proceeding in small claims court means you agree to let a local magistrate — never a jury — decide your case, when you seek money damages up to $12,000 or an eviction of a tenant. But you also get the right to appeal to compulsory arbitration, then a jury trial, eventually. 

 

 

Let’s Get Started! 

Contact a Pittsburgh attorney for any litigation claim or defense in Western Pennsylvania.

412.342.0992