AK · rules
Alaska R. Civ. P. 39
Trial by Jury or by the Court
(a) By Jury. When trial by jury has been demanded and
not waived as provided in Rule 38, the trial of all issues so
demanded shall be by jury, unless (1) the parties or their
attorneys of record, by written stipulation filed with the court
or by an oral stipulation made in open court, consent to trial by
the court sitting without a jury or (2) the court upon motion by
a party or upon its own motion finds that a right of trial by jury
of some or all of those issues does not exist under the state
constitution or statutes of the state.
(b) By the Court. Issues not demanded for trial by jury
as provided in Rule 38 shall be tried by the court; but
notwithstanding the failure of a party to demand a jury in an
action in which such a demand might have been made of right,
the court in its discretion upon motion may order a trial by a
jury of any or all issues.
(c) Advisory Jury and Trial by Consent. In all actions
not triable of right by a jury the court upon motion by a party
or upon its own motion may try an issue with an advisory jury
or, with the consent of both parties, may order a trial with a
jury whose verdict has the same effect as if trial by jury had
been a matter of right.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; and by SCO 621 effective June 15, 1985)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e2ffa79e4c6e1515b83cfc8094f832ea62a12c55191c5f083dddee4cfe218de6
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