When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless (a) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury, or (b) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of the issues does not exist under the Constitution or Statutes of Kentucky.
Rule 39.01.By jury.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceOnce a jury trial is properly demanded under Rule 38, the case is docketed as a jury action and tried by jury, unless the parties stipulate to a bench trial or the court finds that no jury-trial right exists under the Kentucky constitution or statutes.
Full Text of Rule 39.01
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended November 22, 1996, effective January 1, 1997.)
Plain-English Summary
When someone demands a jury trial the way Rule 38 requires, the docket reflects it — the case is marked as a jury action, and every issue covered by the demand is tried to a jury as a matter of course.
Two things can change that outcome. The parties can agree to let the court decide the case without a jury, either through a written stipulation filed with the court or an oral stipulation made in open court and entered in the record. Or the court itself, on a party's motion or on its own initiative, can find that no right to a jury trial exists for some or all of the issues under the Kentucky constitution or statutes, and try those issues without a jury regardless of the demand.
Frequently Asked Questions
What happens after I demand a jury trial in Kentucky?
The case is designated on the docket as a jury action, and the issues covered by the demand are tried by jury unless the parties stipulate to a bench trial or the court finds no jury-trial right exists.
Can the parties agree to skip the jury and let the judge decide?
Yes. The parties or their attorneys of record can consent to trial by the court without a jury, either through a written stipulation filed with the court or an oral stipulation made in open court and entered in the record.
Can a judge deny a jury trial that was already demanded?
Yes, if the court finds, on motion or on its own initiative, that a right to jury trial does not exist under the Kentucky constitution or statutes for some or all of the issues. In that case those issues are tried without a jury despite the demand.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 39.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: jury action designation kentuckystipulating to a bench trialconsent to trial without jurycourt finds no jury trial rightCR 39.01