Trial by Jury or by the Court

(a) WHEN A DEMAND IS MADE. When a jury trial has been de- manded under Rule 38, the action must be designated on the dock- et 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 65 FEDERAL RULES OF CIVIL PROCEDURE Rule 41 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 tri- able 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. (As amended Apr. 30, 2007, eff. Dec. 1, 2007.)