Montana Rules of Civil Procedure R. 39
Rule 39. Trial by Jury or by the Court.
Terms Used In Montana Rules of Civil Procedure R
- Docket: A log containing brief entries of court proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(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.