M.R. Civ. P. 39

(a) By Jury. When trial by jury has been demanded as provided in Rule 38

or Rule 76C, the action shall be placed on the Jury Trial List when appropriate

under Rule 16, and 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 oral stipulation made in open court and entered in the record,

consent to trial by the court sitting without a jury or (2) the court upon motion

or of its own initiative finds that a right of trial by jury of some or all of those

issues does not exist under the Constitution or statutes of the State of Maine.

(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, in the Superior Court the court in its discretion upon motion may order a

trial by a jury of any or all issues.

(c) Hearings Outside County. Any hearings without a jury may be held at

such place in any county or division as the court may appoint; and the clerk in

the county or division in which the action is pending shall transmit the papers

in the action to the justice or judge to hear the same, who shall return them

after hearing.

(d) Advisory Jury and Trial by Consent. In all actions in the Superior

Court not triable of right by a jury the court upon motion or of its own initiative

may try any issue with an advisory jury, or the court, with the consent of the

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.