3-6

U.S. District Court for the Northern District of California

Rule Set: Civil Local Rules of the United States District Court for the Northern District of California

Rule: 3-5

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Civ. L.R. 3-5

Jurisdictional Statement (a) Jurisdiction. Each complaint, petition, counterclaim, and cross-claim must include a separate paragraph entitled “Jurisdiction.” The paragraph will identify the statutory or other basis for federal jurisdiction and the facts supporting such jurisdiction. (b) Divisional Assignment. Each complaint or petition must include a paragraph entitled “Divisional Assignment.” The paragraph must identify any basis for assignment to a particular location or division of the Court pursuant to Civil L.R. 3-2(c).

Jury Demand A party may demand a jury trial as provided in Fed. R. Civ. P. 38(b). When a demand for jury trial is included in a pleading, the demand must be set forth at the end of the pleading. When the demand is made by a party who is represented by counsel, the pleading must be signed by the attorney for the party making the demand. In the caption of such pleading, immediately following the title of the pleading, the following must appear: “DEMAND FOR JURY TRIAL.” Commentary See Wall v. Nat’l R.R. Passenger Corp., 718 F.2d 906, 909 (9th Cir.

1983) (holding that “checking the jury demand box on the civil cover sheet is insufficient to meet the requirements of rule 38(b)”).

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