Rule 39 — Trial by Jury or by the Court

Fed. R. Civ. P. 39

• Source: Federal Rules of Civil Procedure
• Rule: 39
• TITLE VI: TRIALS
• Citation: Fed. R. Civ. P. 39

Text

(a) WHEN A DEMAND IS MADE. When a jury trial has been de-
manded under Rule 38, the action must be designated on the dock-
et 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 tri-
able 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.

Advisory Committee Notes

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