GroundRules
← Search the law
Montana · Through Montana Code Annotated 2025

M. R. Civ. P. 39: Trial by Jury or by the Court.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 25. CIVIL PROCEDURE
  2. CHAPTER 20. RULES OF CIVIL PROCEDURE
  3. VI. Trials

(a) When a Demand is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the docket 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) When no Demand is Made. 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 issue 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 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.

Collected 2026-09-14T04:50:09Z. Source file · JSON

Browse this collection