Also known as: advisory jury
Written by attorneys · grounded in primary & secondary sources — see below
A jury empaneled in an action tried without a jury whose verdict the court may accept or reject as nonbinding advice before entering its own findings of fact and conclusions of law.
Audrey Ashton sued Apex Dynamics in federal court for breach of a supply contract. The judge empaneled an advisory jury that found for Ashton on liability. The judge rejected the verdict after determining the evidence showed no breach and entered judgment for Apex Dynamics under Rule 58.
Anita Ali sued Astra Aerospace seeking an injunction for trade-secret misuse. The court called an advisory jury that recommended relief. The judge disregarded the recommendation, made independent findings that no misuse occurred, and denied the injunction.
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Alan Ackerman sued Artemis Logistics for creating a private nuisance. An advisory jury advised in favor of an injunction. The judge substituted his own findings that the activity was reasonable and entered judgment for the defendant.
Ava Adebayo sued Aurora Biotech for unpaid maritime wages. The court used an advisory jury that found for the plaintiff. The judge rejected those findings after determining the contract terms barred recovery and entered judgment for the defendant.
Anthony Arnold sued Alexis Archer for fraud in a land deal. After an advisory jury recommended damages, the judge made separate findings that no misrepresentation occurred and entered judgment for the defendant.
A federal court may empanel an advisory jury under Rule 39(c) in any action triable without a jury, most commonly in equity matters. The court remains free to accept or reject the verdict.
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No. The verdict supplies only nonbinding advice. The judge must still find the facts specially and state conclusions of law under Rule 52(a)(1).
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Rule 52(a)(1) requires the court to find the facts specially and state conclusions of law separately even when an advisory jury participates. The court may state findings on the record or in a written opinion.
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No. Use of an advisory jury is discretionary with the court under Rule 39(c). Parties have no right to demand one.
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…at all about his likely sentencing decision. Id., at 62. Counsel advised respondent to invoke his right under Florida law to an advisory jury at his capital sentencing hearing. Respondent rejected the advice and waived the right. He chose instead to be sentenced by the trial judge without a jury recommendation. In preparing for…