Rule 16 Trial by jury or by the Court
Rule Text
(a) By jury. When trial by jury has been demanded as provided in Rule 4 (d), 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 applicable law.
(b) By the Court. Issues not demanded for trial by jury as provided in Rule 4 (d) shall be tried by the Court; but notwithstanding the failure of a party to demand a jury in an action in which such demand might have been made as of right, the Court in its discretion upon motion may order a trial by a jury of any or all issues.
(c) Number of jurors. Any jury demand made under Rule 4 (d) is conclusively presumed to constitute a demand that the trial shall be to a jury of 12 persons. The parties may stipulate that the jury shall consist of any number less than 12.
(d) Pretrial hearing. The Court may set pretrial hearings as necessary to resolve any pretrial issues.