Title 9, Chapter 11, Section 39
(a) The parties or their attorneys of record, by written stipulation
filed with the court or by an oral stipulation made in open court
and entered in the record, may consent to trial by the court sitting
without a jury.
(b) In all actions not triable of right by a jury, or where jury
trial has been expressly waived, the court may nevertheless order a
trial with a jury whose verdict will have the same effect as if
trial by jury had been a matter of right or had not been waived.