R. 4:35-3. — Trial by the Court

Except as provided by R. 4:35-1(d) and 4:35-2, all issues of fact not triable of right by a jury shall be decided by the court without a jury, whether or not any other issues are submitted to a jury. If certain of the issues are to be decided by a jury and others by the court, the court shall determine the sequence in which the issues shall be tried.