§ RULE 1-039. TRIAL BY JURY OR BY THE COURT

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 6 > RULE 1-039.

RULE 1-039. TRIAL BY JURY OR BY THE COURT

A. By the Court. All issues not set for trial to a jury as provided in Rule 1-038 shall be tried by the court; but notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.

B. Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury; or the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.