(a)By jury. When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the register of actions 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, or
(3)Either party to the issue fails to appear at the trial.
(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 a 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, 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.
Plain-English Summary
Once a party makes a valid demand for jury trial under Rule 38, Rule 39 marks the case as a jury action on the court's register and sends every properly demanded issue to a jury — unless something specific interrupts that default.
Three things can pull a demanded issue away from a jury: the parties agree in writing or on the record in open court to let the judge decide instead; the court determines that no right to a jury trial exists for some or all of the issues; or a party fails to show up for trial. Any one of those sends the case, or the relevant issues, to the judge alone.
Issues nobody demanded a jury for go to the judge by default. But the judge isn't locked in — Rule 39(b) lets the court, on its own initiative or by motion, call in a jury even for issues that were never demanded, in a case where a jury could have been requested as a matter of right.
For cases with no right to a jury trial at all, Rule 39(c) offers two options: the court can convene an advisory jury on its own initiative, whose verdict only guides the judge, or — with the consent of both parties — order a jury whose verdict binds the case the same as if a jury trial had been demanded as a matter of right.
Frequently Asked Questions
Can a judge decide a case even after a jury was demanded?
Yes, if the parties stipulate to a court trial, the court finds no right to a jury trial exists for the issue, or a party fails to appear at trial.
What is an advisory jury?
A jury the court convenes in a case that isn't triable of right by a jury. Its verdict advises the judge but doesn't bind the outcome, unless both parties agree to make it binding.
Can the court order a jury trial even if no one demanded one?
Yes. Rule 39(b) lets the court, in its discretion, order a jury trial of any or all issues even where no party demanded one.
What happens if I don't show up for my scheduled jury trial?
The issue can proceed to trial before the court instead of a jury.
Is an advisory jury's verdict binding on the judge?
No, unless both parties consent to give it the same binding effect as a jury trial demanded as a matter of right.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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