9-11-39
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9-11-39.
(a)
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,
may consent to trial by the court sitting without a jury.
(b)
In all actions not triable of right by a jury, or where jury trial has been
expressly waived, the court may nevertheless order a trial with a jury whose
verdict will have the same effect as if trial by jury had been a matter of right
or had not been waived.