During a civil case, such as a car accident or motorcycle accident, the defendant can demand a jury trial, as stated in Idaho Civil Rule 38. If a jury trial is demanded, then Idaho Civil Rule 39 states that the action must be put on the register of actions as a jury trial. The trial on all issues demanded must be tried by the jury unless either the parties file a stipulation to a nonjury trial or the court finds on a motion or on its own that some or all of the issues demanded do not, in fact, give a right to a jury trial after all.
If an issue is not doing to be tried by a jury, then Rule 39 also states that those issues will be tried by the court. However, the court can also order, after a proper motion has been filed, for a jury trial on any issue for which there is a right to a jury trial.
It is also possible for the jury to act as an advisory jury, which means that the judge still gets to make the final decision.
Idaho Civil Rule 39: Trial by Jury or by the Court
- When a demand is made. When a jury trial has been demanded under Rule 38, the action must be designated on the register of actions as a jury action. The trial on all issues so demanded must be by jury, unless:
- the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record, or
- the court on motion or on its own finds that on some or all of those issues there is no right to a jury trial.
- When no demand is made. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.
- Advisory jury; Jury trial by consent. In an action not triable of right by a jury, the court, on motion or on its own:
- may try any issue with an advisory jury; or
- may, with the parties’ consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right.
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