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 jury of any or all issues.
Rule 39.02.By the court.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 39.02 sends any issue not properly demanded for a jury trial to the judge alone, but lets the court use its discretion to order a jury trial anyway on motion, even after the right to demand one has lapsed.
Full Text of Rule 39.02
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
When no party demands a jury under Rule 38, the judge decides the case. That is the default outcome under Rule 39.02: no demand, no jury, the court rules on both the facts and the law.
The rule builds in an escape hatch. Even after a party missed the deadline to demand a jury on a claim that carried a jury-trial right, a motion can still ask the court to order one anyway. The decision rests with the judge, not the party who missed the demand.
Frequently Asked Questions
What happens if no one demands a jury trial in a Kentucky civil case?
The court tries the case without a jury. Rule 39.02 makes bench trial the default whenever a jury has not been demanded under Rule 38.
Can I still get a jury trial in Kentucky if I missed the deadline to demand one?
You can move for one. Rule 39.02 lets the court, in its discretion, order a jury trial on any or all issues even after the deadline for demanding a jury as a matter of right has passed. The court is not required to grant the motion.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 39.02). 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
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