Rule · Federal Rules of Civil Procedure
Rule 39. Trial by Jury or by the Court
Federal Rules of Civil Procedure § 39
- Type
- Rule
- Source
- Federal Rules of Civil Procedure
- Jurisdiction
- Federal
- Date
- 2026-07-10
- Topic
- general
Rule 39. Trial by Jury or by the Court (a) When a Demand Is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless: (1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or (2) the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial. (b) When No Demand Is Made.
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Rule39. Trial by Jury or by the Court
(a) When a Demand Is Made.When a jury trial has been demanded under Rule38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:(1)the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or(2)the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial.(b)When No Demand Is Made.Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.(c) Advisory Jury; Jury Trial by Consent.In an action not triable of right by a jury, the court, on motion or on its own:(1)may try any issue with an advisory jury; or(2)may, with the parties' consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right, unless the action is against the United States and a federal statute provides for a nonjury trial.
[Amended April 30, 2007, effective December 1, 2007.]