Rule 339 - Trial by Jury or by the Court(a) By Jury. When trial by jury has been demanded and the requisite jury fee has been paid pursuant to Rule 338, the action shall be designated upon the register of actions as a jury action. The trial shall be by jury of all issues so demanded, unless (1) all parties who have demanded a trial by jury and paid the requisite jury fee and all parties who have failed to waive the right to trial by jury and paid the requisite jury fee have, in writing, waived their rights to trial by jury, or (2) the court upon motion or on its own initiative finds that a right to trial by jury of some or all of those issues does not exist, or (3) all parties demanding trial by jury fail to appear at trial. (b) By the Court. Issues not demanded for trial by jury as provided in Rule 338 shall be tried by the court. (c) No Advisory Jury or Jury Without a Jury Demand. An issue not designated in a demand as an issue triable by jury shall not be tried by an advisory jury or by any jury. Entire rule repealed and reenacted July 12, 1990, effective 9/1/1990. ANNOTATION Litigant is denied right to jury trial by repeated continuances. By structuring the court system to require a civil litigant to undergo repeated continuances if a jury trial is requested, a civil litigant is denied the right to a jury trial. Halliburton v. County Court ex rel. City & County of Denver, 672 P.2d 1006 (Colo. 1983). Applied in Husar v. Larimer County Court, 629 P.2d 1104 (Colo. App. 1981).