RULE 39                                                
               TRIAL BY JURY OR BY THE COURT                                     
                                                                                 
    (-) Issues--How Tried. (Reserved. See RCW 4.40.010 through 4.40.070.)        
    (a) By Jury.                                                                 
    (1) Rule. When trial by jury has been demanded as provided in rule 38,       
the action shall be designated upon the docket as a jury action. The trial       
of all issues so demanded shall be by jury, unless (A) the parties or their      
attorneys of record, by written stipulation filed with the court or by an        
oral stipulation made in open court and entered in the record, consent to        
trial by the court sitting without a jury or (B) the court upon motion or        
of its own initiative finds that a right of trial by jury of some or all of      
those issues does not exist under the constitution or statutes of the            
state.                                                                           
    (2) Questions of Fact for Jury. (Reserved. See RCW 4.44.090.)                
    (b) By the Court.                                                            
    (1) Rule. Issues not demanded for trial by jury as provided in rule 38       
shall be tried by the court; but, notwithstanding the failure of a party to      
demand a jury in an action in which such a demand might have been made of        
right, the court in its discretion upon motion may order a trial by a jury       
of any or all issues.                                                            
    (2) Questions of Law To Be Decided by Court. (Reserved. See RCW              
4.44.080.)                                                                       
    (c) Advisory Jury and Trial by Consent. In all actions not triable of        
right by a jury the court, upon motion or of its own initiative, may try an      
issue with an advisory jury or it may, with the consent of both parties,         
order a trial with a jury whose verdict has the same effect as if trial by       
jury had been a matter of right.