The Seventh Amendment is part of the Bill of Rights, ratified on December 15, 1791. It protects the right to a jury trial in certain civil cases in federal court and limits the power of judges to overturn a jury's findings of fact. Unlike most of the Bill of Rights, it has not been applied to the states, so its guarantee runs against the federal government only. Most state constitutions, however, contain their own civil jury provisions.
The Text of the Seventh Amendment
The amendment reads: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
The text has two parts. The first is the Jury Trial Clause, which preserves the civil jury. The second is the Reexamination Clause, which restricts how federal courts may second-guess facts that a jury has decided. Together they define the civil jury's role in the federal system.
What the Amendment Guarantees
The Seventh Amendment applies in "suits at common law." That phrase refers to the traditional English common-law courts, where claims for money damages were heard, as opposed to courts of equity, which handled remedies like injunctions and specific performance. Whether the amendment applies depends on the nature of the claim and the remedy sought, not just on the label a party attaches.
If the case is a common-law claim for damages, either party generally may demand a jury. The $20 threshold in the text is a relic of 1791 and has no practical effect today. The Supreme Court has not treated it as a modern minimum.
Not every federal civil case includes a jury. The right does not attach to suits in equity, to most admiralty and maritime claims, or to cases against the federal government where Congress has not provided for one. Many statutory claims provide for jury trials by their own terms rather than through the Seventh Amendment. When a statute creates a new right, Congress can decide whether a jury will hear it.
The Reexamination Clause
The second part of the amendment limits how federal courts may revisit a jury's factual findings. Under the common-law tradition, a court could grant a new trial when the verdict was against the weight of the evidence, but it could not simply substitute its own view of the facts. Federal appellate courts review questions of law, such as whether the judge applied the correct legal standard, but they generally do not retry facts.
Federal rules give courts some tools to address problematic verdicts. A court may enter judgment as a matter of law when no reasonable jury could find for the nonmoving party, and it may order a new trial if the verdict is against the clear weight of the evidence. These devices are bounded by the Seventh Amendment, which keeps the jury's fact-finding role meaningful. The rules also let a court reduce an excessive damages award or order a new trial limited to damages, but it cannot simply pick the number it prefers.
How the Amendment Differs from the Criminal Jury Right
| Sixth Amendment | Seventh Amendment | |
|---|---|---|
| Type of case | Criminal prosecutions | Civil suits at common law |
| Jury size | Six to twelve, depending on the court | Usually six to twelve under federal rules |
| Verdict | Must be unanimous in federal felony cases | Unanimity not always required in civil cases |
| Applies to states | Yes, through the Fourteenth Amendment | No |
The criminal jury right comes from Article III and the Sixth Amendment. The civil jury right comes from the Seventh. They share a history but follow different rules, and confusing the two is a common mistake.
Does It Apply to the States?
No. The Supreme Court has held that the Seventh Amendment is not incorporated against the states through the Fourteenth Amendment. In Walker v. Sauvinet, 92 U.S. 90 (1875), and later in Minneapolis & St. Louis Railroad Co. v. Bombolis, 241 U.S. 211 (1916), the Court concluded that the civil jury guarantee does not bind state courts. That does not leave litigants without protection. Nearly every state constitution provides for civil juries, and state rules govern how they work in state court.
Waiving the Right
The right to a civil jury can be waived. Under the Federal Rules of Civil Procedure, a party who wants a jury must demand one in writing within a set time after the last pleading directed to the issue. Failing to demand it generally waives the right. Parties may also agree to a bench trial, in which the judge decides both facts and law. Courts must ensure that any waiver is knowing and voluntary.
When Legal and Equitable Claims Are Joined
Many modern cases combine legal and equitable claims. When that happens, courts generally must try the legal claims to a jury first, so that the jury's findings can inform the equitable issues. This principle was emphasized in Beacon Theatres, Inc. v. Westover, 359 U.S. 500 (1959), and it protects the jury right from being swallowed by an equity claim. The order of trial can matter a great deal to the outcome, because a judge who decides the equitable claim first could effectively resolve the facts before the jury ever sits.
Why the Seventh Amendment Still Matters
The amendment reflects a judgment that ordinary citizens should decide disputed facts in civil cases, and that judges should not lightly override them. It shapes how federal trials are scheduled, how evidence is presented, and how appeals are argued. For anyone in federal court, knowing whether a jury is available, and how to demand one, is a practical step that can affect the entire case.
This guide is general information about the law and is not legal advice. How the Seventh Amendment applies depends on the claims, the court, and the relief sought, and anyone with a real dispute should consult a licensed attorney.