DEMAND FOR JURY TRIAL

(a) Right to Trial by Jury. (1) A party claiming a right to trial by jury must make a demand as specified in subsection (b) of this rule. (2) Nothing contained in this rule shall be deemed to create or imply a right to a jury trial where no such right exists under applicable law. (b) Demand.

(1) Time and Form of Demand. A party must demand a trial by jury in accordance with F.R.Civ.P. 38(b). (2) Statement of Consent. A demand must include a statement that the party does or does not consent to a jury trial conducted by the bankruptcy court.

Within 14 days of the service of the demand and statement of consent or non-consent, all other parties must file and serve a statement of consent or non-consent to a jury trial conducted by the bankruptcy court. 136 LBR 9015-2 (3) Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If a party has demanded trial by jury for only some of the issues, any other party within 14 days after service of the demand or such lesser time as the court may order may serve a demand for trial by jury of any other or all of the issues of fact in the action.

(4) Determination by Court. On motion or on its own initiative the court may determine whether there is a right to trial by jury of the issues for which a jury trial is demanded or whether a demand for trial by jury in a proceeding on a contested petition must be granted. (5) Cover Sheet Insufficient. Any notation on Official Form 1040, Adversary Proceeding Cover Sheet, filed under LBR 7003-1 concerning whether a jury trial is, or is not, demanded does not constitute a demand for jury trial sufficient to comply with F.R.Civ.P. 38(b) or this rule.

(b) Withdrawal of Demand. A demand for trial by jury made in accordance with this rule may not be withdrawn without the consent of the parties. (d) Waiver. (1) The failure of a party to file and serve a demand in accordance with this rule, and to file it as required by FRBP 5005, constitutes a waiver of trial by jury.

(2) Notwithstanding the failure of a party to demand a jury when such a demand might have been made of right, the court on its own initiative may order a trial by jury of any or all issues. (e) Trial by the Court. (1) Subject to the provisions of subsection (d)(2) of this rule, an issue not demanded for trial by jury will be tried by the court. (2) Where a demand for trial by jury has been made in accordance with this rule, 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.

(f) Advisory Jury and Trial by Consent. In all actions not triable of right by jury, the court on motion or on its own initiative may try any issue with an advisory jury or, except in actions against the United States when a statute of the United States provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right. (g) Pretrial Procedure Where Jury Trial Requested. Where a jury is demanded, all 137 LBR 9020-1 pretrial proceedings, through approval and entry of the pretrial order, will be conducted by the bankruptcy judge.

(h) Motion for Withdrawal of Reference. (1) Within 7 days of the entry of the pretrial order, any party may file and serve a motion to the district court to withdraw reference pursuant to LBR 5011-1. (2) The failure of any party to file and serve a motion to withdraw reference within the 7-day time period constitutes consent by all parties to the jury trial being presided over by the bankruptcy judge. (3) Nothing in this rule precludes an earlier motion to withdraw reference on the grounds set forth in 28 U.S.C. § 157(d).