Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-239 directs that a properly demanded jury trial go forward as a jury action unless the parties stipulate otherwise or the court finds no jury right exists, sends undemanded issues to the court, and lets the court use an advisory jury or a binding jury by consent in cases with no jury right at all.
(a)When a demand is made. When a jury trial has been demanded under K.S.A. 60-238, and amendments thereto, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:
(1)The parties or their attorneys file a stipulation to a nonjury trial, or so stipulate on the record; or
(2)the court, on motion, or on its own, finds that on some or all of those issues there is no right to a jury trial under the Kansas constitution or statutes.
(b)When no demand is made. Issues 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.
(c)Advisory jury; jury trial by consent. In an action not triable of right by jury, the court, on motion, or on its own:
(1)May try any issue with an advisory jury; or
(2)may, with the parties' 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 state and a state statute provides for a nonjury trial.
Amendment History
L. 1963, ch. 303, 60-239; L. 2010, ch. 135, § 108; July 1.
Plain-English Summary
Once a jury trial has been demanded under K.S.A. 60-238, the case gets docketed as a jury action, and the demanded issues go to the jury unless one of two things happens: the parties or their attorneys stipulate to a nonjury trial (in writing or on the record), or the court finds, on motion or on its own, that some or all of those issues carry no jury-trial right under the Kansas constitution or statutes.
Issues nobody properly demanded a jury for go to the court instead, though subsection (b) leaves the door open -- the court can order a jury trial on motion for any issue that could have been demanded even without a timely demand.
For issues that were never triable by right in the first place, subsection (c) gives the court two tools. It can try any such issue with an advisory jury on its own or on motion, or it can, with the parties' consent, try any issue before a jury whose verdict binds the case the same way a jury verdict would in a case tried as of right -- except when the action is against the state and a statute requires a nonjury trial.
Frequently Asked Questions
If I demand a jury trial, is the whole case automatically tried before a jury?
K.S.A. 60-239(a) requires the demanded issues to be tried by jury unless the parties stipulate to a nonjury trial or the court finds that some or all of those issues carry no jury-trial right under the Kansas constitution or statutes.
What happens to issues nobody demanded a jury trial on?
Subsection (b) sends those issues to the court for trial, though the court may still order a jury trial on motion for any issue that a jury could have been demanded for.
Can a court use a jury even for issues that aren't legally entitled to one?
Yes. Subsection (c) lets the court, on its own or on motion, try such an issue with an advisory jury, or, with the parties' consent, try it before a jury whose verdict has the same binding effect as a jury trial by right.
Is there an exception to trying a case by jury with the parties' consent?
Subsection (c)(2) excludes actions against the state where a state statute provides for a nonjury trial -- consent can't produce a binding jury verdict in that situation.
How do the parties agree to skip a jury trial they demanded?
Subsection (a)(1) allows this if the parties or their attorneys file a stipulation to a nonjury trial, or so stipulate on the record.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as:advisory jury kansas civilnonjury trial stipulation kansasbench trial kansas lawsuitbinding jury by consent kansasjury trial right kansas statute