JURY TRIAL

U.S. Bankruptcy Court for the Northern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Florida

Rule: 9015-1

Jurisdiction: NDFLB

Bluebook Citation: Bankr. N.D. Fla. R. 9015-1

(A) Applicability of Certain Federal Rules of Civil Procedure. Civil Rules 38, 39, 47-49 and 51, and Civil Rule 81(c) insofar as it applies to jury trials, apply in all cases and proceedings, except that a demand made under Civil Rule 38(b) shall be filed in accordance with Bankruptcy Rule 5005. (B) A demand for a jury trial shall include a statement indicating the demanding party's consent or non-consent to have the jury trial conducted by a bankruptcy judge. The adverse party shall file a statement of consent or non-consent within twenty-one (21) days after the demand is made.

Note: This rule is not intended to expand or create any right to trial by jury where such right does not otherwise exist. Advisory Committee Notes 2023 No changes were made to this Local Rule in the 2023 revision cycle. 2020 Amendment The amended rule includes both substantive and stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.

Former subdivision C. is deleted as an unnecessary reference to the general order of designation. Subdivision (B) is amended to remove an alternative time frame for filing the statement of consent or non-consent. 90 RULE 9020-1 CONTEMPT PROCEEDINGS (A) A party moving for an order of contempt shall file: (1) A verified motion for contempt, or a motion for contempt with an accompanying affidavit sworn under penalty of perjury, stating with specificity the grounds, act or violation alleged to have been committed by the party the movant seeks to be held in contempt. (2) Any other documents or evidence attached as exhibits which support the motion for contempt.

(3) A certificate of service reflecting service on the party sought to be held in contempt, in compliance with Bankruptcy Rule 7004. (B) A party moving for contempt shall submit a proposed Order to Show Cause directing the opposing party to appear at an evidentiary hearing, date and time to be left blank, and show cause as to why the Court should not grant the motion and find the opposing party in contempt for the alleged conduct that is the grounds for the motion. Advisory Committee Notes 2023 No changes were made to this Local Rule in the 2023 revision cycle. 2020 Amendment The amended rule includes stylistic changes.

The format of subdivisions is changed to maintain a consistent style across all rules. 91 RULE 9037-1 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT Procedures to protect personal identifiers and information are governed in accordance with Bankruptcy Rule 9037 and this Court’s Standing Order governing electronic filing, available online. Bankruptcy Rule 9037(h) applies if a document containing information in violation of those provisions is filed. Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms.

At the time of this amendment, the applicable Standing Order is Amended Standing Order No. 11, which approves and incorporates the most recent amended version of the Court’s Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means. 2020 Amendment The amended rule includes one substantive change, removing the prior procedure for restricting information in favor of the December 1, 2019 amendment to Bankruptcy Rule 9037.

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