Arizona

Civil Procedure

Civil Procedure

Rule 39 – Trial by Jury or by the Court

(a) If No Waiver Is Effected. If there is no waiver of the right to trial by jury under Rule 38(b), the trial must be by jury unless the court, on motion or on its own, finds that there is no right to a jury trial on some or all issues.
(b) If a Waiver Is Effected. If the parties waive the right to trial by jury under Rule 38(b), the court must try all issues.
(c) If a Limited Waiver Is Effected. If the parties’ waiver to trial by jury under Rule 38(b) specifies certain issues to be tried by a jury, the trial must be by jury on those issues unless the court, on motion or on its own, finds that there is no right to a jury trial on some or all of those issues.
(d) 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, order a jury trial on any issue, and the verdict will have the same effect as if a jury trial had been held as a matter of right.

Ariz. R. Civ. P. 39

Amended effective January 1, 2017; amended August 28, 2018 effective January 1, 2019.