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Nevada Rules of Civil Procedure

Rule 39. Trial by Jury or by the Court

(a) By Jury. When a jury trial has been demanded under Rule 38, the action must be designated 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)      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 or all issues 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:

(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.

Advisory Committee Note—2019 Amendment

Rule 39 tracks FRCP 39 but retains Nevada-specific advisory-jury provisions.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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