Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 39 carries out a jury demand — docketing the case as a jury action and sending the demanded issues to the jury — unless every entitled party waives in writing, the court finds no jury right exists, or the demanding parties fail to appear at trial.
(a)By Jury. When trial by jury has been demanded and the requisite jury fee has been paid pursuant to Rule 38, the action shall be designated upon the register of actions as a jury action. The trial shall be by jury of all issues so demanded unless
(1)all parties who have demanded a trial by jury and paid the requisite jury fee and all parties who have failed to waive the right to trial by jury and paid the requisite jury fee have, in writing, waived their rights to trial by jury, or (2) the court upon motion or on its own initiative finds that a right to trial by jury of some or all of those issues does not exist, or (3) all parties demanding trial by jury fail to appear at trial.
(b)By the Court. Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court.
(c)Advisory Jury and Trial by Consent. In all actions not triable by a jury the court upon motion or on its own initiative may try any issue with an advisory jury, or, except in actions against the State of Colorado when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury.
Amendment History
Repealed and readopted July 12, 1990, effective September 1, 1990.
Plain-English Summary
Rule 39 puts a jury demand made under Rule 38 into effect. Once a party has demanded a jury and paid the fee, the case is marked on the register of actions as a jury action, and every issue the demand covers goes to the jury — unless one of three things happens: everyone who paid the fee and never waived agrees in writing to give up the jury, the court decides on its own or on a party's motion that no right to a jury trial exists for those issues, or the parties who demanded the jury fail to appear at trial.
Issues nobody demanded for a jury are tried by the judge alone under Rule 39(b). That is the default position under Rule 38: silence means the judge decides.
For cases that aren't otherwise entitled to a jury, Rule 39(c) gives the court two more options. It can convene an advisory jury on its own initiative or on motion — the jury hears the evidence and gives its view, but the judge still decides the case and is not bound by what the jury says. Or, with both parties' consent, the court can hold a jury trial whose verdict is binding, as if the right to a jury existed in the first place. The one exception: in a suit against the State of Colorado, the court cannot do this when a statute requires the case to be tried without a jury.
Frequently Asked Questions
What does it mean for a case to be designated a "jury action"?
Once a jury trial has been properly demanded and the jury fee paid under Rule 38, the case is marked on the register of actions as a jury action, and the demanded issues are tried by a jury unless the case falls into one of the exceptions in Rule 39(a).
Can a jury trial be canceled after it has been demanded?
Yes, in three situations: every entitled party agrees in writing to waive the jury, the court determines that no right to a jury trial exists on those issues, or the parties who demanded the jury fail to appear at trial.
What is an advisory jury?
In a case that would otherwise be tried to the judge alone, the court may still convene a jury to hear the evidence and offer its findings. But that jury's verdict is not binding — the judge decides the case regardless of what the advisory jury recommends.
Can parties agree to a jury trial in a case that would not otherwise get one?
Yes. With the consent of both parties, the court may order a binding jury trial even in a case not normally triable to a jury — except in a suit against the State of Colorado where a statute requires a bench trial.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 39). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as:trial by jury or by the courtadvisory jury coloradojury trial by consentwaiver of jury demandbench trial coloradoregister of actions jury action