39.02 By the court

If nobody asks for a jury trial in time, the judge will decide the case alone. To get a jury trial, someone usually has to make a formal request by a certain deadline, following the steps laid out in Rule 38. If that request never gets made, the case normally goes forward as a bench trial, meaning the judge hears the evidence and makes the final decision instead of a jury.

That said, this rule gives the judge some flexibility. Even if no one asked for a jury in time, a party can still file a motion asking the judge to allow a jury trial anyway. The judge doesn't have to grant this request, but they have the power to do so if they think it makes sense for the case.

In short, missing the deadline to request a jury doesn't always mean you're stuck without one. You can still ask the judge for permission, though the final decision is up to them.