Also known as: advisory juries
Written by attorneys · grounded in primary & secondary sources — see below
A jury empaneled to hear a case when the parties have no right to a jury trial. The judge may accept or reject the advisory jury's verdict.
Abigail Alvarez sued Atlas Ventures in federal court for breach of an investment agreement seeking only equitable relief. The judge empaneled an advisory jury to hear the evidence. After the verdict the court entered its own findings of fact and conclusions of law on the record and entered judgment under Rule 58.
Anthony Arnold brought unseaworthiness and Jones Act claims against Apex Dynamics. The court allowed the jury to decide the Jones Act claim while treating its answers on the unseaworthiness claim as advisory only. The judge then independently weighed the evidence on the admiralty count before entering judgment.
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Anika Anand sought an injunction against Apollo Energy for securities violations. Because the action was equitable the court denied a jury demand but seated an advisory jury to assist with factual questions. The judge accepted some findings and rejected others before issuing the injunction.
Ava Andrews sued Apex Partners for an accounting and constructive trust over disputed partnership assets. The court denied a jury demand because the claim was equitable but empaneled an advisory jury to resolve factual disputes about asset tracing. The judge adopted some answers and rejected others before entering judgment.
Avalon Pharmaceuticals sued Spur Industries for creating a nuisance that threatened its development plans. The court tried the equitable claim to the bench and used an advisory jury to resolve disputed facts about the scope of the harm. The judge adopted some of the jury's answers and rejected others before granting injunctive relief.
A federal court may empanel an advisory jury when no constitutional or statutory right to a jury trial exists or has been waived. The device is commonly invoked in equity proceedings and certain hybrid admiralty cases.
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No. The judge remains free to accept or reject the advisory jury's verdict in whole or in part and must independently find the facts and state conclusions of law under Rule 52(a)(1).
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Yes. The rule expressly requires the court to find the facts specially and state its conclusions of law separately in any action tried without a jury or with an advisory jury.
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A binding jury decides facts in actions at law where the Seventh Amendment right applies and its verdict controls subject only to limited post-trial review. An advisory jury supplies recommendations that the judge may disregard entirely.
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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…