Rule 2.509.Trial by Jury or by Court

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.509 says which issues in a Michigan civil case get tried by jury versus by the court, lets the court determine the trial sequence when both kinds of issues are involved, and allows an advisory jury or a binding jury by consent even on issues that aren't triable of right.

Full Text of Rule 2.509

Text sizeJump to: (A) (B) (C) (D)

(A) By Jury. If a jury has been demanded as provided in MCR 2.508, the action or appeal must be designated in the court records as a jury action. The trial of all issues so demanded must be by jury unless

(1) the parties agree otherwise by stipulation in writing or on the record, or

(2) the court on motion or on its own initiative finds that there is no right to trial by jury of some or all of those issues.

(B) By Court. Issues for which a trial by jury has not been demanded as provided in MCR 2.508 will be tried by the court. In the absence of a demand for a jury trial of an issue as to which a jury demand might have been made of right, the court in its discretion may order a trial by jury of any or all issues.

(C) Sequence of Trial. In an action in which some issues are to be tried by jury and others by the court, or in which a number of claims, cross-claims, defenses, counterclaims, or third-party claims involve a common issue, the court may determine the sequence of trial of the issues, preserving the constitutional right to trial by jury according to the basic nature of every issue for which a demand for jury trial has been made under MCR 2.508.

(D) Advisory Jury and Trial by Consent. In appeals to circuit court from a municipal court and in actions involving issues not triable of right by a jury because of the basic nature of the issue, the court on motion or on its own initiative may

(1) try the issues with an advisory jury; or

(2) with the consent of all parties, order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Once a jury has been properly demanded under Rule 2.508, the case is marked as a jury action, and every demanded issue goes to the jury unless the parties agree otherwise or the court finds that some or all of those issues carry no jury-trial right. Whatever wasn't demanded gets tried by the court instead, though the court has discretion to send an undemanded issue to a jury anyway, even where a demand could have been made as of right. When a case mixes jury issues with court issues, or several claims and defenses share a common issue, the court decides the sequence of trial, while still honoring the constitutional jury-trial right for whichever issues carry it.

The rule also opens the door to a jury Michigan's constitution wouldn't otherwise require: in an appeal from municipal court to circuit court, or in a case with issues that aren't triable of right because of their basic nature, the court can try those issues with an advisory jury, or, with everyone's consent, hold a jury trial whose verdict counts just as if the jury trial had been a matter of right.

Frequently Asked Questions

What happens to issues I didn't demand a jury for?

They're tried by the court, though the court has discretion to order a jury trial of those issues anyway, even if a demand could have been made as of right.

Can I get an advisory jury on an issue that isn't triable of right?

Yes. On a motion or its own initiative, the court can try such an issue with an advisory jury, or, with the consent of all parties, hold a jury trial whose verdict has the same binding effect as one on an issue triable of right.

Who decides the order in which jury and court issues get tried?

The court, which determines the trial sequence while preserving the constitutional right to a jury trial for whichever issues carry that right.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.509). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: trial by jury or court Michiganadvisory jury Michigansequence of trial Michigan