Trial by jury or by the court

West Virginia Rules of Civil Procedure

Rule: 39.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Civ. P. 39.

(a) When a demand is made. When a jury trial has been demanded under Rule 38, the action shall be designated on the docket as a jury action. The trial on all issues so demanded shall 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 a right of trial by jury on some or all of those issues does not exist under the Constitution or statutes of the State. (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 or on its own, order a jury trial on any issue for which a jury might have been demanded. (c) Advisory jury and 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.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.