Ohio Civ.R. 39

(A) By jury

When trial by jury has been demanded as provided in Rule 38, the action shall be

designated upon the docket as a jury action. 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 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 t hose issues does not exist. The failure

of a party or his attorney of record either to answer or appear for trial constitutes a waiver

of trial by jury by such party and authorizes submission of all issues to the court.

(B) By the court

(1) Issues not demanded for trial by jury as provided in Civ.R. 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.

(2) No later than the deadline set in a case scheduling order or thirty days before a

scheduled trial, a party may request that a trial to the court be conducted using live

two-way video and audio conference technology. The requesting party shall

indicate in th e request whether any special accommodations are anticipated or

required.

(3) Upon a party’s request under division (B)(2) of this rule, the court may, in its

discretion, conduct the trial using live two-way video and audio conference

technology. In deciding on the party’s request, the court shall consider the views

of the parties, the anticipated probative value of the evidence, difficulty and expense

of presenting witnesses by physical presence versus remote presence, convenience

and efficiency for the parties to the case, and the nature and complexity of the issues

to be tried. No trial shall be conducted remotely over the objection of a party to the

case unless one of the parties is restricted in physical appearance due to one of the

following circumstances, or for other good cause shown:

(a) Active duty in the United States military;

(b) Incarceration;

(c) Medical restrictions;

(d) Significant travel distance from court.

(C) Advisory jury and trial by consent

In all actions not triable of right by a jury (1) the court upon motion or on its own initiative

may try any issue with an advisory jury or (2) the court, with the consent of both parties,

may order a trial of any issue with a jury, whose verdict has the s ame effect as if trial by

jury had been a matter of right.