Skip to content

RULE 39. TRIAL BY JURY OR BY THE COURT

July 25, 2011

RULE 39.01: BY JURY.

When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless (a) the parties or their attorneys of record, by written stipulation filed with the court or by oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (b) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the state of Tennessee.

RULE 39.02: BY THE COURT.

Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury as to any issue with respect to which demand might have been made of right, the court in its discretion upon motion may order a trial by jury of any or all issues.

RULE 39.03: ADVISORY JURY.

Nothing in this rule shall impair the right of a court to empanel an advisory jury as that right existed prior to the adoption of these rules.

Advisory Commission Comments.

39.01: Tennessee statutes governing trials by jury in chancery courts expressly recognize that certain types of issues are not triable by jury. See Tenn. Code Ann. § 21-1-103.

39.02: The provisions of this Rule are designed to give the trial court discretion to grant a jury trial even though timely demand has not been previously made, if the trial court deems it in the interest of justice to do so.

Advertisements

Don't be shy! Leave a Reply!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: