{"id":4301,"date":"2017-08-09T18:54:31","date_gmt":"2017-08-09T18:54:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4301"},"modified":"2017-11-29T07:20:18","modified_gmt":"2017-11-29T07:20:18","slug":"rule-39-trial-by-jury-or-by-the-court","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4301","title":{"rendered":"Rule 39 \u2013 Trial by Jury or by the Court"},"content":{"rendered":"

Federal Rules of Civil Procedure\u00a0Simplified<\/em><\/a>:
\nTitle VI<\/a> – Trials
\nRule 39<\/span>\u00a0\u2013 Trial by Jury or by the Court<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Continued from\u00a0Rule 38 \u2013 Right to a Jury Trial; Demand<\/a>.<\/strong><\/span><\/p>\n

****************************************<\/p>\n

(a)\u00a0When a Demand Is Made<\/strong>.\u00a0When a jury trial has been demanded under\u00a0Rule 38<\/a>, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:<\/span><\/p>\n

(1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or<\/span><\/p>\n

(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.<\/span><\/p>\n

(b)\u00a0When No Demand Is Made<\/strong>.\u00a0Issues 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.<\/span><\/p>\n

(c)\u00a0Advisory Jury; Jury Trial by Consent<\/strong>.\u00a0In an action not triable of right by a jury, the court, on motion or on its own:<\/span><\/p>\n

(1) may try any issue with an advisory jury; or<\/span><\/p>\n

(2) may, with the parties\u2019 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.<\/span><\/p>\n

References:<\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: United States Courts, Federal Rules of Civil Procedure (2017):\u00a0\u00a0www.uscourts.gov\/rules-policies\/current-rules-practice-procedure\/federal-rules-civil-procedure<\/a><\/strong><\/span><\/p>\n

******************************************<\/span><\/p>\n

Like this website?<\/strong><\/span><\/p>\n

Please Support Our Fundraiser<\/a><\/strong><\/span><\/p>\n

or donate via\u00a0PayPal<\/a>:<\/strong><\/span><\/p>\n