60-239. Trial by jury or by the court. (a) When a demand is made. When a jury trial has been demanded under K.S.A. 60-238, and amendments thereto, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:
(1) The parties or their attorneys file a stipulation to a nonjury trial, or so stipulate on the record; or
(2) 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 under the Kansas constitution or statutes.
(b) 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.
(c) Advisory jury; jury trial by consent. In an action not triable of right by jury, the court, on motion, or on its own:
(1) May try any issue with an advisory jury; or
(2) 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, unless the action is against the state and a state statute provides for a nonjury trial.
History: L. 1963, ch. 303, 60-239; L. 2010, ch. 135, ยง 108; July 1.
Structure Kansas Statutes
Article 2 - Rules Of Civil Procedure
60-201 Rules of civil procedure; citation; scope.
60-203 Commencement of action.
60-205 Service and filing of pleadings and other papers.
60-207 Pleadings allowed; motions; form.
60-208 General rules of pleadings.
60-209 Pleading special matters.
60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
60-213 Counterclaims and cross-claims.
60-215 Amended and supplemental pleadings.
60-216 Pretrial conferences; case management conference.
60-218 Joinder of claims; contingent claims.
60-219 Required joinder of parties; feasibility.
60-220 Permissive joinder of parties.
60-221 Misjoinder and nonjoinder of parties.
60-223b Actions relating to unincorporated associations.
60-225 Substitution of parties.
60-226 General provisions governing discovery.
60-227 Perpetuation of testimony; petition; order.
60-228 Persons before whom depositions may be taken.
60-228a Uniform interstate depositions and discovery act.
60-229 Discovery procedure; stipulations.
60-230 Depositions by oral examination; requirements; examination; copies; attendance.
60-231 Depositions by written questions.
60-232 Use of depositions in court proceedings.
60-233 Interrogatories to parties.
60-235 Physical and mental examinations.
60-236 Requests for admission.
60-238 Right of trial by jury; demand; waiver.
60-239 Trial by jury or by the court.
60-240 Scheduling cases for trial; continuances.
60-242 Multicounty and multidistrict litigation.
60-243 Testimony of witnesses; evidence.
60-245a Subpoena of nonparty business records.
60-246 Objections to rulings or orders.
60-249 Special verdict; general verdict; written questions.
60-249a Itemized verdict, personal injury actions; jury instructions.
60-250 Judgment as a matter of law; motion for new trial.
60-251 Jury instructions; objections; erroneous instructions.
60-252 Findings and conclusions by the court; judgment on partial findings.
60-252a Trial by the court; judgment, ruling or decision, time limitation.
60-252b Rules of supreme court.
60-258a Comparative negligence.
60-259 New trial; motion to alter or amend judgment.
60-260 Relief from judgment or order.
60-262 Stay of proceedings to enforce judgment.
60-264 Enforcing orders for and against a nonparty; procedure.
60-265 Applicability of article.
60-266 Same; jurisdiction and venue.
60-267 Rules by district courts.
60-270 Retaining original records until case closed.