Rule 1038.3 Equitable Relief. Advisory Verdict by Jury

When a case involves a request for equitable relief (like asking a judge to order someone to do something or stop doing something), the judge can choose to let a jury weigh in on the facts of the case. Either the judge can decide to do this on their own, or one of the parties can ask for it.

The jury's opinion in these situations is called an "advisory verdict." The jury answers specific yes or no questions about the facts, but their answers are not final. The judge can agree with the jury or reach a different conclusion. The jury is helping the judge think through the facts, not making the final call.