{"data":{"id":"us-mt/m.-r.-civ.-p.-39","jurisdiction":"us-mt","citation":"M. R. Civ. P. 39","heading":"Trial by Jury or by the Court.","body":"(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:\n(1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or\n(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.\n(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.\n(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:\n(1) may try any issue with an advisory jury; or\n(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.","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 20. RULES OF CIVIL PROCEDURE","VI. Trials"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0060/section_0390/0250-0200-0060-0390.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:09Z","sha256":"8017a9b69fdd0082df9ebddb4c8a246464f64977cbc3cda7a2935f250f4fbe8b","source_id":"us-mt","stale":false,"prev":"us-mt/m.-r.-civ.-p.-38","next":"us-mt/m.-r.-civ.-p.-40"},"notice":"GroundRules: Original legal text. Not legal advice."}