Under Rule 39(a), if a demand for jury trial is made, the trial is to be conducted by a jury unless which condition applies?

• A. The parties stipulate to a nonjury trial or the court finds there is no federal right to a jury on some or all issues.
• B. The judge decides the case without a jury for any reason.
• C. The jury is replaced by a panel of experts.
• D. The case must be dismissed.

Answer: (A)

A demand for a jury trial is the normal path to a jury, but Rule 39(a) lets the case proceed without a jury in two situations: the parties stipulate to a nonjury trial, or the court finds there is no federal right to a jury on some or all of the issues. This recognizes that not every issue in a case carries a jury right—often, equitable or other nonjury issues are decided by the judge. So even with a jury demand, the trial can be nonjury if the parties agree to it or if the court determines there’s no right to a jury for those issues. The other options miss these specific exceptions: a judge can’t simply decide without a jury “for any reason,” and substituting a panel of experts or dismissing the case aren’t provided triggers under Rule 39(a).