Rule 39. Trial by Jury or by the Court

 

Idaho Rules of Civil Procedure 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 register of actions 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 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.

 

 

(Adopted March 1, 2016, effective July 1, 2016.)