Rule 39. Trial by Jury or by the Court

• Library: South Carolina Rules Annotated (SCBar) (2021 Ed.)

RULE 39. TRIAL BY JURY OR BY THE COURT

When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the calendar and the clerk's filebook as a jury action. The trial of all issues so demanded shall be by jury, unless (1) 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 (2) the court upon motion or its own initiative finds that a right of trial by jury of some or all of those issues does not exist.

(b) By the Court.

Issues of law and issues not demanded for trial by jury as provided in Rule 38 shall be tried by the Court or may be referred to a master as provided in Rule 53; 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 jury of any or all issues.

(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 any issue with an advisory jury or the court, with the consent of both parties may order a trial by jury whose verdict has the same effect as if trial had been a matter of right.

Notes:

This Rule 39 is substantially the Federal Rule. Paragraph 39(b) preserves the State practice of reference to masters of appropriate non-jury cases. The Rule preserves State practice with no real change. Present Circuit Rule 28, and the substance of Code §15-23-70, §15-27-90, §15-23-60 and §15-33-20 are retained.

Annotations Rule 39

39(a)

Appeal

"In an action at law tried to a jury, our jurisdiction extends merely to correction of errors of law. We will not disturb the jury's factual findings unless the review of the record discloses there is no evidence which reasonably supports the findings." Wooten v. SC Dept. of Transportation, 326 S.C. 516, 521, 485 S.E.2d 119, 122 (Ct. App. 1997) affirmed as modified, 333 S.C. 464, 511 S.E.2d 355 (1999).

"In an action at law, on appeal of a case tried by a jury, our scope of review extends merely to the correction of errors of law; a factual finding of the jury will not be disturbed on appeal unless a review of the record discloses that there is no evidence which reasonably supports the jury's findings. We have no power to review matters of fact in an action at law, except to determine if a verdict is wholly unsupported by evidence." York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726, 728 (1997).

"In an action at law on appeal of a case tried by a jury, the jurisdiction of this Court extends merely to corrections of errors of law, and a factual finding of the jury will not be disturbed unless review of the record discloses there is no evidence which reasonably supports the jury's findings." Brown v. Smalls, 325 S.C. 547, 481 S.E.2d 444, 447 (Ct. App. 1997).

"In an action at law tried to a jury, the jurisdiction of this Court extends only to the corrections of errors at law." First Union...