State Codes and Statutes
Statutes > Kansas > Chapter60 > Article2 > Statutes_2390860-239
60-239. Trial by jury or by the court.(a) By jury. When trial by jury has been demanded as provided inK.S.A. 60-238, the action shall be designated upon the docket as a juryaction. The trial of all issues so demanded shall be by jury, unless (1)the parties or their attorneys of record, by written stipulation filed withthe court or by an oral stipulation made in open court and entered in therecord, consent to trial by the court sitting without a jury or (2) thecourt upon motion or of its own initiative finds that a right of trial byjury of some or all of those issues does not exist under the constitutionor statutes.
(b) By the court. Issues not demanded for trial as provided inK.S.A. 60-238 shall be tried by the court; but, notwithstanding thefailure of a party to demand a jury in an action in which such demand mighthave been made of right, the court in its discretion may order a trial byjury of any or all issues.
(c) Advisory jury and trial by consent. In all actions not triableof right by a jury the court upon motion or of its own initiative may tryany issue with an advisory jury or (except in actions against the statewhen a statute of the state provides for trial without a jury) the court,with the consent of all parties, may order a trial with a jury whoseverdict shall have the same effect as if trial by jury had been a matter ofright.
History: L. 1963, ch. 303, 60-239; Jan. 1, 1964.
