Rule 39. Trial by jury or by the court
Effective January 1, 2011
(A) By jury.
When trial by jury has been demanded as provided in Rule 38, the action shall be designated in the Chronological Case Summary as a jury action. Issues upon which a jury trial is so demanded shall be tried by jury, subject to the following exceptions:
(1) If the parties or their attorneys of record, by written stipulation filed with the court or by oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury upon any or all issues triable by jury as of right and so demanded, the court shall try those issues without a jury. The stipulation shall be effective only if filed or made in court before evidence is admitted at the trial or at such later time as the court, in its discretion, may allow.
(2) If a party demands a jury trial on any issue upon which he is entitled to jury trial as of right in the case, the court shall grant it on that issue.
(B) By the court--Advisory jury--Trial by consent.
In any case where there are issues upon which a jury trial has not been demanded or has not properly been demanded or upon which there is no right to trial by jury as of right, the court may submit any or all of such issues to a jury for trial. The verdict shall be advisory unless, before the jury retires, the court, with the consent of both parties or their attorneys, orders that the verdict shall have the same effect as if a trial by jury had been a matter of right. Such order shall be granted at the court’s discretion, and all issues shall be tried as if subject to jury trial as a matter of right unless the parties’ consent is limited to fewer issues, or unless the court limits its order to fewer of those issues upon which consent has been given.
(C) Rulings of the court--Objections.
In proceeding under Rules 38 and 39, error may be predicated upon the court’s ruling or action without motion or other objection by a party.
(D) Findings in case of advisory jury.
Findings of fact shall not be required upon issues to the extent that the judge’s decision follows the verdict of a properly selected advisory jury.