Rule 38(c) addresses what happens if a party does not specify issues for a jury trial?

• A. The court will automatically grant the motion.
• B. The right is waived entirely.
• C. Judges must determine the issues for the jury.
• D. If you do not specify, it is presumed everything that can be tried by a jury is to be tried by a jury.

Answer: (D)

The main idea here is what Rule 38(c) does when a party doesn’t specify which issues should go to a jury. If no issues are designated, the rule treats it as if the party demanded a jury trial on every issue that could be tried by a jury. That means, by default, all triable issues will be tried to the jury unless the court or the parties agree to limit or move some issues to the bench. This preserves the jury trial right and prevents silent narrowing of the issues at stake.

So the correct view is that the absence of specified issues creates a default that everything capable of being tried by a jury will be tried by a jury. The other options don’t fit because they misstate the effect: the right isn’t automatically granted or waived, and the judge isn’t required to determine all issues for the jury by default.