§39.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§39.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

Advisory juries are unusual—parties generally choose whether to make a jury demand at the outset of a case. Although unusual, a judge, sua sponte, may order an advisory jury empaneled in a case in which factual determinations are necessary but trial by jury is not otherwise available. Although the judge has discretion to take such action, the jury's findings will remain "advisory" only and the court must make findings of fact. See CR 52(a)( 1); see also...