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Rule 39.03 Advisory Jury

Rule 39. Trial by Jury or by the Court

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Rule Text

Nothing in this rule shall impair the right of a court to empanel an advisory jury as that right existed prior to the adoption of these rules.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Even in cases where a jury trial isn't required by law, a judge can still choose to bring in a jury to help decide the case. This is called an advisory jury. The jury listens to the evidence and gives its opinion, but the judge doesn't have to follow what the jury decides. The judge still makes the final call.

This rule simply confirms that judges keep this power. It doesn't create a new right or take one away. It just makes clear that courts can still use advisory juries the same way they could before these rules were put in place.

For someone involved in a lawsuit, this means a judge might ask a jury to weigh in on certain issues even if you're not entitled to a jury trial for your type of case. But remember, the judge has the final say, not the jury.

Committee Notes

Advisory Commission Comments.

39.01: Tennessee statutes governing trials by jury in chancery courts expressly recognize that certain types of issues are not triable by jury. See Tenn. Code Ann. § 21-1-103.

39.02: The provisions of this Rule are designed to give the trial court discretion to grant a jury trial even though timely demand has not been previously made, if the trial court deems it in the interest of justice to do so.