Home Table of Contents

Rule 39. Trial by Jury or by the Court

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VI. Trials
16 A.R.S. Rules of Civil Procedure, Rule 39
Rule 39. Trial by Jury or by the Court
Currentness
(a) If No Waiver Is Effected. If there is no waiver of the right to trial by jury under Rule 38(b), the trial must be by jury unless the court, on motion or on its own, finds that there is no right to a jury trial on some or all issues.
(b) If a Waiver Is Effected. If the parties waive the right to trial by jury under Rule 38(b), the court must try all issues.
(c) If a Limited Waiver Is Effected. If the parties' waiver to trial by jury under Rule 38(b) specifies certain issues to be tried by a jury, the trial must be by jury on those issues unless the court, on motion or on its own, finds that there is no right to a jury trial on some or all of those issues.
(d) Advisory Jury; Jury Trial by Consent. In an action--or on any issue--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, order a jury trial on any issue, and the verdict will have the same effect as if a jury trial had been held as a matter of right.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 28, 2018, effective Jan. 1, 2019.
16 A. R. S. Rules Civ. Proc., Rule 39, AZ ST RCP Rule 39
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document