Trial by Jury or by the Court

(a) By Jury. When trial by jury has been demanded as provided in Rule 38, the action must be designated as a jury action. The trial of 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 upon motion or of its own initiative finds that on some or all of those issues there is no right to a jury trial. (b) By the Court. Issues not demanded for trial by jury as provided in Rule 38 must 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) Unlawful Detainer Trials. A trial on an unlawful detainer or forcible detainer complaint must not be held less than 21 calendar days after service of summons and complaint. If service of the summons and complaint has not been completed at least 21 calendar days prior to the trial, the court must continue the trial. An unlawful detainer or forcible detainer trial must not be set and noticed using an order to show cause, unless: (1) the court issues an order to show cause why a temporary writ of restitution should not be issued pursuant to Rule 65; and (2) the order to show cause provides both notice of the date and time of the order to show cause hearing as well as the subsequent date and time of the trial. [Amended; effective October 29, 2024.]