RULE 39. TRIAL BY JURY OR BY THE COURT

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Rule 39.03: Advisory Jury.

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.

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.

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