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

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see


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