Rule 39 - Trial by Jury or by the Court(a)By Jury. When a jury trial has been demanded under Rule 38, the action must be designated 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 right to a jury trial.(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, order a jury trial on any or all issues for which a jury might have been demanded.(c)Advisory Jury; Jury Trial by Consent. In an action not triable of right by a jury, the court, on motion:(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.Amended effective 3/1/2019.Advisory Committee Note 2019 Amendment Rule 39 tracks FRCP 39 but retains Nevada-specific advisory-jury provisions.
Drafter's Note
2004 Amendment
When Nevada adopted the rule, the federal rule was revised to eliminate language in subdivision (c) of the federal rule that permits the court to impanel an advisory jury on its own motion. The court accepted the Advisory Committee's recommendation that the Nevada rule retain this distinction from the federal rule. Thus, there are no amendments to this rule.