Rule 39. Trial by Jury or by the Court
Rule 39.02. By the Court
Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury as to any issue with respect to which demand might have been made of right, the court in its discretion upon motion may order a trial by jury of any or all issues.
Click here for Advisory Commission Comments to Rules 39.01-39.03.