Trial by Jury or by the Court

(a) By Jury. When a jury trial has been demanded under Rule 38, the action must be designated 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) By the Court. 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 or all issues 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: (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. [Amended; effective March 1, 2019.]