(a) By Jury. When trial by jury has been demanded and not waived as provided in Rule 38, the trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court, consent to trial by the court sitting without a jury or (2) the court upon motion by a party or upon its own motion finds that a right of trial by jury of some or all of those issues does not exist under the state constitution or statutes of the state.
Rule 39.Trial by Jury or by the Court.
Last amended June 15, 1985 · Last verified July 6, 2026
In one sentenceRule 39 explains how a case proceeds once a jury has (or hasn't) been properly demanded, including when the court can call an advisory jury or let the parties agree to a binding one.
Full Text of Rule 39
(b) By the Court. Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.
(c) Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion by a party or upon its own motion may try an issue with an advisory jury or, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; and by SCO 621 effective June 15, 1985)
Plain-English Summary
Once a jury trial has been properly demanded and not waived, the demanded issues go to a jury unless the parties stipulate — in writing or on the record in open court — to a bench trial instead, or the court finds that no jury-trial right exists under the constitution or a statute for some or all of those issues. Issues nobody demanded for jury trial go to the court, though the court has discretion to order a jury trial on any issue anyway, even without a demand.
In cases with no right to a jury at all, the court may still convene an advisory jury on its own initiative or a party's motion, or — if both parties agree — order a jury trial whose verdict binds the court just as if the parties had a right to a jury in the first place.
Frequently Asked Questions
Can the parties agree to skip a jury trial after one has been demanded?
Yes, if they stipulate to it in writing or state their agreement on the record in open court.
Can a judge order a jury trial even if no one asked for one?
Yes — the court has discretion to order a jury trial on any issue, even without a demand of right.
What is an advisory jury?
In a case with no right to a jury, the court can still empanel a jury to advise it, though the court itself decides the outcome unless both parties agree the jury's verdict will be binding.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 39). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: jury trial by stipulation Alaskaadvisory jury Alaska civil casebench trial Alaska ruleAlaska R. Civ. P. 39