RULE 39. TRIAL BY JURY OR BY THE COURT
Nothing in this rule shall impair the right of a court to empanel an advisory jury as that right existed prior to the adoption of these rules.
Advisory Commission Comments.
39.01: Tennessee statutes governing trials by jury in chancery courts expressly recognize that certain types of issues are not triable by jury. See Tenn. Code Ann. § 21-1-103.
39.02: The provisions of this Rule are designed to give the trial court discretion to grant a jury trial even though timely demand has not been previously made, if the trial court deems it in the interest of justice to do so.