What is the rule 39 of the Federal Rules of Civil Procedure?
Asked by: Lesley Kunze | Last update: February 1, 2026Score: 4.9/5 (10 votes)
Federal Rule of Civil Procedure 39 governs trials by jury or by the court, allowing parties to consent to a bench trial (court only) even if a jury was demanded, permitting the court, in its discretion, to order a jury trial for issues where it wasn't demanded (Rule 39(b)), and allowing advisory juries or consented jury trials for cases not inherently triable by jury. It essentially manages when a jury is used, balancing party requests with the court's authority and the law's requirements for jury rights.
What is the Federal Rule of Civil Procedure 39?
Rule 39-Trial by Jury or by the Court. (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States. (b) By the Court.
What are examples of rule 39 being used?
The court uses rule 39 only in urgent, exceptional cases where the person at the heart of the case faces real and irreparable harm to their life and health. Usually, this is when facing extradition or deportation to a country where they may be tortured or killed.
What is the rule 39 of the Civil Procedure Code?
(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court.
What are the key provisions of order 39 CPC?
To prevent a party from doing any act which may cause irreparable injury, waste, damage, alienation of property, or otherwise frustrate the rights of the opposite party till the disposal of the suit.
Rule 12 of federal procedure confuses me
What is the order 39 rule of CPC?
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to ...
Who can apply under order 39 CPC?
The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or ...
What is the order 39 rule 7 of the Code of Civil Procedure?
The High Court upon consideration of the matter while referring to Order 39 Rule (7) of C.P.C observed that the provision enables the Court “to order detention, preservation or inspection of any property which is the subject matter of a suit and for the said purpose the Court can authorize any person to enter upon any ...
How does order 39 rule 4 affect me?
Order 39 Rule 4 CPC provides that an order of injunction may be discharged, or varied, or set aside by the Court on an application made thereto by any party dissatisfied with such. Rule 4 CPC, an interim order passed, after hearing the parties, can be discharged/ set aside/ modified only ....
Can a decree be transferred to another person?
Assignment: A decree can be transferred by the holder of the decree to another person through an assignment. The assignment of a decree is governed by the provisions of the Transfer of Property Act, 1882.
Is rule 39 legally binding?
In these cases, the interim measures often call upon the states concerned to halt a removal pending a decision of the Court on the issue at stake. Rule 39 is a procedural rule of the Court which is legally binding.
How effective is Rule 39?
With their support, the Initiative has collectively helped more than 260 people from 10 countries to lodge life-altering Rule 39 requests with ECtHR, and safeguarded the human rights of more than 48 children, including nine unaccompanied minors.
What is rule 39 in court?
Rule 39 provides the framework for determining the mode of trial for civil cases in federal courts, emphasizing the primacy of the jury trial demand.
What are the grounds for challenging an award?
The Federal Arbitration Act (FAA) allows a party to move to modify or correct an award to effect the intent of the award and promote justice between the parties if (i) the award contains 'an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property', ( ...
What is rule 39?
"Rule 39" refers to different legal procedures depending on the jurisdiction, most commonly Federal Rule of Civil Procedure 39 (FRCP 39) concerning jury trials, or the European Court of Human Rights (ECtHR) Rule 39 regarding interim measures for urgent human rights cases, often involving asylum or extradition, preventing harm like deportation to a country where torture or death might occur**. It can also relate to pleading special matters (U.S. Tax Court), costs (Federal Rules of Appellate Procedure), or specific state court rules.
What is the difference between Order 39 Rule 7 and Order 26 Rule 9 CPC?
25-Mar-2025. “The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order 26 Rule 9 CPC is meant for investigation to elucidate disputed facts.”
What is the purpose of order 39 CPC?
Order 39 of the Code of Civil Procedure provides the procedure for seeking and granting temporary injunctions in civil cases in India. Temporary injunctions aim to maintain the status quo and prevent irreparable harm until the final resolution of the case.
What are the three types of injunctions?
The three main types of injunctions, categorized by timing and duration, are Temporary Restraining Orders (TROs) for immediate, short-term relief; Preliminary Injunctions to maintain the status quo during a lawsuit; and Permanent Injunctions, issued after a full trial, that last indefinitely. These court orders prevent or compel specific actions, with TROs often granted ex parte (without notice) for emergencies, while preliminary and permanent ones follow hearings and trials, requiring proof of irreparable harm.
How many days after judgement can you appeal?
California. In California civil cases, you generally have 60 days after the clerk serves notice of entry of judgment to file an appeal. If no notice is served, there's a 180‑day backstop from the date of entry.
What is the rule 1 of the Civil Procedure Code Order 39?
Order XXXIX, rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a ...
What is order 39 rule 3a of CPC?
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty day from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.
What is rule 34 of civil procedure?
The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.
What are the remedies available under Order 39 CPC?
The CPC provides two remedies under Order 39 Rule 2A: – attachment of property, or – civil imprisonment. But there's an important nuance practitioners must not miss. Unlike attachment under Order 40, a sale made in breach of an injunction under Order 39 is not automatically void.
What grounds do you need for an injunction?
An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
What is the difference between an injunction and a restraining order?
An injunction is a broad court order to stop or start an action, often used in business or property disputes, while a restraining order (or Injunction for Protection) is a specific type of injunction focused on personal safety, preventing harassment, stalking, or violence, commonly in domestic situations; they are often used interchangeably, but restraining orders are for immediate personal protection (temporary), leading to potentially longer-term injunctions after hearings. A temporary restraining order (TRO) is an emergency, short-term order, while a permanent injunction offers long-term relief.