Main menu

Idaho Rules of Civil Procedure Rule 39. Trial by Jury or by the Court.


(a)   When a Demand is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the register of actions 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.



 (Adopted March 1, 2016, effective July 1, 2016.)


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn

Members of the
Idaho Court of Appeals

Chief Judge Jessica M. Lorello
Judge David W. Gratton
Judge Molly J Huskey
Judge Amanda K. Brailsford



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?