Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 39 determines whether a case goes to a jury or to the judge alone, spelling out when a jury demand controls, when parties can waive it by agreement, and when the court can bring in an advisory jury or a consent jury even though no one had a right to one.
(a)By Jury. 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:
(1)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
(2)The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the constitution or statutes of this state.
(b)By the Court. 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.
(c)Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 39 picks up after a jury has been demanded under Rule 38 and decides what happens next. Once a jury demand is on file, the case is marked on the docket as a jury action, and every issue named in that demand goes to the jury — unless the parties agree otherwise or the court decides no jury right exists under the state constitution or a statute.
Parties can waive a jury trial even after demanding one. They can do this with a written stipulation filed with the court, or by stating their agreement out loud in open court and having it entered into the record. Once both sides sign off on a bench trial, the judge alone decides the case.
Issues nobody demanded a jury for go to the judge by default. But the rule gives the court discretion to change that: even where no party asked for a jury on an issue that could have been tried by one, the judge can order a jury trial anyway, on motion.
For issues that carry no jury right at all, Rule 39 still leaves room for a jury. The court can convene an advisory jury on its own initiative or on motion, though the judge is not bound by what that jury decides. Or, if both parties consent, the court can hold a trial before a jury whose verdict counts exactly as if a jury trial had been guaranteed from the start.
Frequently Asked Questions
Can parties waive a jury trial in Rhode Island Superior Court after demanding one?
Yes. Rule 39 lets parties who already demanded a jury trial give it up by written stipulation filed with the court, or by stating their agreement in open court, where it gets entered into the record. Once that happens, the judge tries the case without a jury.
What happens to issues that nobody demanded a jury trial for?
They go to the judge under Rule 39(b). But the rule does not treat that as final — the court still has discretion, on motion, to order a jury trial on any or all of those issues even though no party demanded one.
What is an advisory jury under Rhode Island Rule 39?
It is a jury the court can convene, on its own initiative or on motion, for issues that carry no right to a jury trial. Its verdict advises the judge but does not bind the outcome. That differs from a consent jury under Rule 39(c), where both parties agree the jury’s verdict counts as if a jury trial had been a matter of right.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 39). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:jury trial demandwaiving a jury trialbench trialtrial by judge aloneadvisory juryright to jury trial civil casestipulate to non-jury trialconsent jury verdict