Rule 39 - [Effective 1/1/2025] Trial by jury or by the court(a) When a demand is made. When a jury trial as been demanded Rule 38, the action shall be designated on the docket as a jury action. The trial on all issues so demanded shall be by jury; unless: (1) the parties or their attorneys file a stipulation to a nonjury trial by or so stipulate on the Record; or(2) the court, on motion or on its own, finds that a right of trial by jury on some or all of those issues does not exist under the Constitution or statutes of the State.(b)By the court. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion or on its own, order a jury trial on any issue for which a jury might have been demanded.(c)Advisory jury and 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.Amended effective 1/1/2025.