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Kansas Statutes Annotated

K.S.A. § 60-239 (2026)

Trial by jury or by the court

✓ current as of May 2026
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60-239. Trial by jury or by the court. (a) When a demand is made. When a jury trial has been demanded under K.S.A. 60-238, and amendments thereto, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:

(1) The parties or their attorneys file a stipulation to a nonjury trial, or so stipulate on the record; or

(2) the court, on motion, or on its own, finds that on some or all of those issues there is no right to a jury trial under the Kansas constitution or statutes.

(b) When no demand is made. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.

(c) Advisory jury; jury trial by consent. In an action not triable of right by jury, the court, on motion, or on its own:

(1) May try any issue with an advisory jury; or

(2) may, with the parties' consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right, unless the action is against the state and a state statute provides for a nonjury trial.

History: L. 1963, ch. 303, 60-239; L. 2010, ch. 135, § 108; July 1.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1981–2026 · leading case: State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001).
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State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001). · cites it 2× “In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or (except in actions against the state when a statute of the state provides for trial without a jury) the court, with the consent of all parties,…”
Liggatt v. Employers Mut. Cas. Co., 46 P.3d 1120 (Kan. 2002). “” K.S.A. 60-239(c). Hathaway argues the trial court erred in failing to use an advisory juiy, relying on what he claims to be the great educational disparity between lawyers and judges on the one hand and ordinary Kansans on the other hand.”
Cott v. Peppermint Twist Mgmt. Co., 856 P.2d 906 (Kan. 1993). · cites it 2× “On appeal, Peppermint Twist claims a nonunanimous verdict, as authorized by 60-248(g), violates § 5 of the Kansas Constitution Bill of Rights and is in conflict with K.”
State Ex Rel. Miller v. Richardson, 623 P.2d 1317 (Kan. 1981). · cites it 2× “K.S.A. 60-239(c) makes it permissible for the court to try an issue with an advisory jury in actions not triable of right by a jury, with certain limited exceptions.”
Wagher v. Guy's Foods, Inc., 885 P.2d 1197 (Kan. 1994). “” In pertinent part, K.S.A. 60-239(a) provides: “When trial by jury has been demanded as provided in K.”
Jensen Int'l, Inc. v. Kelley, 32 P.3d 1205 (Kan. Ct. App. 2001). “” In pertinent part K.S.A. 60-239(a) provides: “When trial by jury has been demanded as provided in K.”
Scantlin v. Superior Homes, Inc., 627 P.2d 825 (Kan. Ct. App. 1981). “K.S.A. 60-239(b). We conclude there was no abuse of discretion in failing to set aside the waiver or in failing to order a trial by jury on its own motion.”
Moore v. Moore, 429 P.3d 607 (Kan. Ct. App. 2018). “See K.S.A. 2017 Supp. 60-239(c) (district court may seat advisory jury or otherwise try any issue to a jury with consent of the parties).”
Harder v. Est. of Foster, 464 P.3d 382 (Kan. Ct. App. 2020). “Specifically, Harder argues that despite the inconsistent positions taken by her attorney before the district court, there has been no "consent to a withdrawal of the jury demand.”
Miles v. Shawnee Cnty. Dept. of Corr. (Kan. Ct. App. 2022). · cites it 5× “On appeal Miles argues that K.S.A. 60-239, section 10 of the Kansas Constitution Bill of Rights, and the Fourteenth Amendment to the United States Constitution all provide him a right to a trial or hearing, and that the district court's dismissal of his petition without a…”
Taylor v. Est. of Pearson (Kan. Ct. App. 2026). · cites it 5× “Taylor and Pearson stipulated to a bench trial 10 under K.S.A. 60-239, but instead of providing a bench trial, the district court entered its own judgment without notice to the parties.”
Schauf v. Schauf, 107 P.3d 1237 (Kan. Ct. App. 2005). “Our Supreme Court has held that participation in a trial before a master, absent a specific and timely objection that the trial by master deprives a party of trial by jury, is a waiver of such rights sufficient for purposes of K.”
Show all 14 citing cases →
— K.S.A. § 60-239(a) — 4 cases
Wagher v. Guy's Foods, Inc., 885 P.2d 1197 (Kan. 1994). “” In pertinent part, K.S.A. 60-239(a) provides: “When trial by jury has been demanded as provided in K.”
Jensen Int'l, Inc. v. Kelley, 32 P.3d 1205 (Kan. Ct. App. 2001). “” In pertinent part K.S.A. 60-239(a) provides: “When trial by jury has been demanded as provided in K.”
Taylor v. Est. of Pearson (Kan. Ct. App. 2026). “Taylor and Pearson stipulated to a bench trial 10 under K.S.A. 60-239, but instead of providing a bench trial, the district court entered its own judgment without notice to the parties.”
Miles v. Shawnee Cnty. Dept. of Corr. (Kan. Ct. App. 2022). “On appeal Miles argues that K.S.A. 60-239, section 10 of the Kansas Constitution Bill of Rights, and the Fourteenth Amendment to the United States Constitution all provide him a right to a trial or hearing, and that the district court's dismissal of his petition without a…”
— K.S.A. § 60-239(a)(1) — 3 cases
Harder v. Est. of Foster, 464 P.3d 382 (Kan. Ct. App. 2020). “Specifically, Harder argues that despite the inconsistent positions taken by her attorney before the district court, there has been no "consent to a withdrawal of the jury demand.”
Schauf v. Schauf, 107 P.3d 1237 (Kan. Ct. App. 2005). “Our Supreme Court has held that participation in a trial before a master, absent a specific and timely objection that the trial by master deprives a party of trial by jury, is a waiver of such rights sufficient for purposes of K.”
Harder v. Est. of Foster (Kan. Ct. App. 2020).
— K.S.A. § 60-239(a)(l) — 1 case
Dickinson, Inc. v. Balcor Income Props. Ltd., 745 P.2d 1120 (1987).
— K.S.A. § 60-239(b) — 1 case
Scantlin v. Superior Homes, Inc., 627 P.2d 825 (Kan. Ct. App. 1981). “K.S.A. 60-239(b). We conclude there was no abuse of discretion in failing to set aside the waiver or in failing to order a trial by jury on its own motion.”
— K.S.A. § 60-239(c) — 4 cases
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001). “In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or (except in actions against the state when a statute of the state provides for trial without a jury) the court, with the consent of all parties,…”
Liggatt v. Employers Mut. Cas. Co., 46 P.3d 1120 (Kan. 2002). “” K.S.A. 60-239(c). Hathaway argues the trial court erred in failing to use an advisory juiy, relying on what he claims to be the great educational disparity between lawyers and judges on the one hand and ordinary Kansans on the other hand.”
State Ex Rel. Miller v. Richardson, 623 P.2d 1317 (Kan. 1981). “K.S.A. 60-239(c) makes it permissible for the court to try an issue with an advisory jury in actions not triable of right by a jury, with certain limited exceptions.”
Moore v. Moore, 429 P.3d 607 (Kan. Ct. App. 2018). “See K.S.A. 2017 Supp. 60-239(c) (district court may seat advisory jury or otherwise try any issue to a jury with consent of the parties).”
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