Rule 38 - Jury trial of right(a) Right preserved. The right to trial by jury shall be as heretofore.(b) Demand. Any party may demand a trial by jury of an issued 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 and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.(bb) Demand for jury on pleadings: Where. Where a demand for a trial by jury in endorsed on a pleading, as provided in Rule 38(b) of these Rules, it shall be typed or written on the first page of the pleading, immediately following the caption of the case.(c) Same: Specification of issues. In the demand a party may specify the issues which the party wishes so tried; otherwise, the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the Court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.(d) Demand for a jury of 12. In the demand for a trial by jury a party may further specify that the party demands trial by a jury of 12 persons; otherwise, the party shall be deemed to have consented to trial by a jury of 6 persons. A demand for trial by a jury of 12 persons shall be deemed to apply to all triable issues for which any party demands trial by jury as provided in Rules 38(b) and (c) of these Rules. If a party in the demand for trial by jury does not demand trial by jury of 12 persons, any other party within 10 days after service of the demand for trial by jury or within such lesser time as the Court may order, may serve a demand for trial by a jury of 12 persons.(e) Waiver. The failure of a party to serve a demand for trial by jury as required by this Rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. The failure of a party to demand trial by a jury of 12 persons as required by this Rule and to file it as required by Rule 5(d) likewise constitutes a waiver by the party of the right to a jury of 12 persons. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. Withdrawal of a demand for trial by a jury of 12 persons shall be governed by Rule 48 of these Rules.Del. R. Civ. P. Super. Ct. 38