W.R.C.P. 39

(a) By Jury. — 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; or

(3) when a party to the issue fails to appear at the trial, the parties

appearing consent to trial by the court sitting without a jury.

(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, 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, unless the

action is against the State of Wyoming when a statute provides for a nonjury

trial.