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Rule39. Trial by jury or by the court.

(a)By jury. When trial by jury has beendemanded as provided in Rule 38, the action shall bedesignated upon the register of actions as a jury action. The trial of allissues so demanded shall be by jury, unless

(a)(1) The parties or theirattorneys of record, by written stipulation filed with the court or by an oralstipulation made in open court and entered in the record, consent to trial bythe court sitting without a jury, or

(a)(2) The court upon motion orof its own initiative finds that a right of trial by jury of some or all ofthose issues does not exist, or

(a)(3) Either party to the issuefails to appear at the trial.

(b)By the court. Issues not demanded for trial byjury 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 inwhich such a demand might have been made of right, the court in its discretionupon 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 itsown initiative may try any issue with an advisory jury or, with the consent ofboth parties, may order a trial with a jury whose verdict has the same effectas if trial by jury had been a matter of right.