MT · rules
Mont. R. Civ. P. 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 docket 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.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
f8eaa9e1ff25e4e9223e193dd79805877b5fddec0ffa3ed360537e8b1e4bb192
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