A bench trial is a trial in which the judge decides the issues assigned to the court; whether a jury trial is available or waived depends on the claim, the right at issue, and the applicable procedural rules.

Rule 38 is the starting point

North Carolina Rule 38 preserves the right to jury trial when declared by the Constitution or statutes and describes the timing and form of a written demand for issues triable by a jury. It also addresses waiver when a demand is not served and filed as the rule requires, subject to the rule’s terms.

A judge-decided trial is not a prediction

A court may resolve legal and factual questions according to the procedure that applies. The pleadings, motions, evidence, scheduling orders, and rulings form the record. A general article cannot determine whether a jury demand is timely, whether an issue is jury-triable, or how any judge or jury will decide a case.

Preserve the procedural record

  • The complaint, answer, counterclaims, jury demand, and service record
  • Scheduling orders, motions, rulings, stipulations, and pretrial materials
  • The exhibits, witness lists, transcript or recording, and final judgment
  • The specific rule, statute, or constitutional provision connected to the issue

The related North Carolina civil jury-trial guide explains demand, selection, and decision-making as separate topics.

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