Group VI: Trials · Last amended 2022 · Last verified July 14, 2026
Section (a) was amended to address technical and functional changes necessary to implement the court’s new case management system.
Rule 39 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 39. As with the prior version of the rule, the exception in subsection (c)(2) is framed in terms of local practice.
Identical to Federal Rule of Civil Procedure 39 except that "statutes of the United States" in section (a) has been changed to "applicable law" and the exception clause in section (c) has been rephrased so as to comprehend any applicable statute.
Rule 38 governs how to demand a jury; Rule 39 governs what follows. Once a jury trial is properly demanded, Rule 39(a) requires that every issue covered by the demand be tried to a jury, with only two ways out: the parties stipulate to a nonjury trial, in writing or on the record, or the court finds — on its own or on motion — that some or all of the demanded issues carry no right to a jury trial in the first place.
When no one demands a jury on a given issue, Rule 39(b) sends that issue to the court instead. But that default isn't absolute — on motion, the court can still order a jury trial on an issue that could have been demanded but wasn't. Rule 39(c) covers cases with no jury right at all: the court may empanel an advisory jury on any issue on its own initiative or on motion, or, if every party consents, try an issue to a jury whose verdict binds the case exactly as a jury trial demanded of right would, unless an applicable statute requires that particular action be tried without a jury.
Generally yes. Rule 39(a) requires the demanded issues to be tried by jury unless the parties stipulate to a nonjury trial, in writing or on the record, or the court finds that some or all of those issues carry no right to a jury trial.
Rule 39(b) sends it to the court for a bench trial. The court can still order a jury trial on that issue if a party moves for one, even though the issue wasn't included in a timely demand.
Yes, in two ways. Rule 39(c) lets the court try any issue to an advisory jury on its own or on motion, and, if every party consents, lets the court hold a binding jury trial on an issue that has the same effect as a jury trial held as of right.
Yes. Rule 39(a)(1) allows the parties or their attorneys to stipulate to a nonjury trial, either by a filed stipulation or by stipulating on the record.
Yes. Rule 39(c)(2) does not permit a binding consent jury trial in an action for which an applicable statute provides that the matter be tried without a jury.