§ RULE 39. TRIAL BY JURY OR BY THE COURT

Codes > Rules of Civil Procedure for the Nevada District Courts > VI. Trials > RULE 39.

RULE 39. TRIAL BY JURY OR BY THE COURT

(a) By Jury.When trial by jury has been demanded as provided in Rule 38, the action shall be designated as a jury action. The trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (2) 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.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to eliminate the reference to a jury docket, and to substitute “State” for “United States,” as technical amendments.

(b) 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 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.

(c) Advisory Jury and Trial by Consent.In all actions not triable of right by a jury the court upon motion may try any issue with an advisory jury or, the court, with the consent of all 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.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to eliminate trial by an advisory jury on the initiative of the court, because no provisions exist for the advancement of the second day's jury's fees where the jury is requested by the court. Technical amendments are made to eliminate reference to actions against the United States.