In all actions not triable of right by a jury the court upon motion or of its own initiative may try an issue with an advisory jury; or the court, with the consent of all parties noted of record, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Rule 39.03.Advisory jury and trial by consent.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 39.03 lets a court convene an advisory jury for issues that carry no jury-trial right, or let the parties agree to a jury whose verdict binds the court as if the right had existed.
Full Text of Rule 39.03
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
Some issues do not carry a right to a jury trial. Rule 39.03 gives the court two ways to bring a jury into those cases anyway.
First, the judge can call an advisory jury, on a party's motion or on the court's own initiative. This jury hears the issue and returns a verdict, but the judge decides the case; the jury's verdict advises rather than binds.
Second, if every party who has appeared in the action consents on the record, the court can order a jury trial whose verdict has the same binding effect as if the parties had a right to one from the start.
Frequently Asked Questions
What is an advisory jury in Kentucky civil court?
An advisory jury hears an issue that carries no right to a jury trial and returns a verdict, but the judge, not the jury, decides the outcome. Rule 39.03 lets the court call one on motion or on its own initiative.
Can parties agree to a binding jury trial in Kentucky even when they have no right to one?
Yes. Under Rule 39.03, if all parties who have appeared consent of record, the court can order a jury trial whose verdict binds the case the same way a verdict would if trial by jury had been a matter of right.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 39.03). 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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