Trial by Jury or by the Court

U.S Code last checked for updates: Jan 18, 2025

Rule 39.

(a)

When a Demand Is Made.

When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:

(1)

the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or

(2)

the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial.

(b)

When No Demand Is Made.

Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.

(c)

Advisory Jury; Jury Trial by Consent.

In an action not triable of right by a jury, the court, on motion or on its own:

(1)

may try any issue with an advisory jury; or

(2)

may, with the parties’ consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right, unless the action is against the United States and a federal statute provides for a nonjury trial.

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)