Paul argues it was error for the circuit court to deny his request for a jury trial. "Article VI, Section 6 of the South Dakota Constitution guarantees a right to a jury trial in all cases at law." Granite Buick GMC, Inc. v. Ray, 2014 S.D. 78, 7, 856 N.W.2d 799, 802 (citation omitted). The rules of civil procedure provide that "[a]ny party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action[.]" SDCL 15-6-38(b). But "[t]he failure of a party to serve a demand as required by § 15-6-38 constitutes a waiver by the party of trial by jury." SDCL 15-6-38(d) (VOR, INC. v. ESTATE OF O'FARRELL, 2025 SD 2 - SD: Supreme Court 2025).
