(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 those issues does not exist under the Constitution or statutes of the State of Vermont. (b)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 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. (c)Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right. (d)Legal and Equitable Claims Combined. Whenever a claim for legal relief is joined with a claim for equitable relief in the same complaint or by counterclaim, cross-claim or third-party complaint, there shall be a right to trial by jury on the claim for legal relief triable by right by jury if demanded in accordance with these rules. In the furtherance of convenience or to avoid prejudice, the court may order a joint trial of all legal and equitable claims, with separate fact-finding by the jury and by the court or, alternatively, may order separate trials for the legal and equitable claims. (e)Juror Note-taking. The court may permit the jurors to take notes regarding the evidence. At the beginning of a trial where note-taking is permitted, a pad and pencil or pen shall be made available to each juror. Any notes taken by jurors during a trial shall remain confidential to the jury and shall not be admissible in evidence for any purpose. To protect the confidentiality of notes taken by jurors, envelopes shall be provided in which jurors may leave their notes in a secure location during recesses. Jurors may keep their notes with them during their deliberations. After the jury has rendered its verdict, the jurors’ notes shall be collected by the clerk or court officer and promptly destroyed.
V.R.C.P. 39
Amended Jan. 9, 1985, eff. March 15, 1985; Dec. 6, 2000; eff. March 1, 2001.
