How to Demand a Jury Trial & Request an Emergency Stay of Execution

Preserving Constitutional Jury Rights in Summary Proceedings

Under the Seventh Amendment of the US Constitution and virtually all state constitutions, residential tenants facing forfeiture of their home have an absolute right to have their eviction trial heard by a jury rather than a single judge.

How to Make a Timely Jury Demand

A jury demand must typically be made in your initial written Answer or within a short statutory window (often 5 days after appearance). Failure to demand a jury in your initial responsive pleading is universally treated as a waiver of jury rights.

Emergency Stays of Execution

If an eviction judgment has already been entered against you (by default or after a bench trial), you can file an Emergency Ex Parte Application for a Stay of Execution. Courts have equitable power to grant 7 to 30 days of additional time if the tenant demonstrates severe medical hardship, vulnerable minor children, or pending receipt of emergency rental assistance funds.