§ 5.5.3 Trial by Jury.

• Jurisdiction: Arizona

§ 5.5.3 Trial by Jury. Both the Arizona and federal versions of Rule 57 provide that the right to trial by jury may be demanded under the same circumstances that it may be demanded in other cases. Fed. R. Civ. P. 57; Ariz. R. Civ. P. 57 . The issue that frequently arises in declaratory judgment actions is whether the parties have a right to trial by jury in a particular action. The issue cannot be resolved by historical analysis, as the remedy was unknown at common law. Nor can the issue be determined by supposing that there is something inherently “legal” or “equitable” about declaratory judgment actions because the remedy itself is neither legal nor equitable. Wright & Miller, supra, § 2769 .

The solution to the problem is to consider the kind of action in which the issue...