Local Rule RULE 9015-1: JURY TRIALS
Bankr. D. Mass. — General rule
RULE 9015-1. JURY TRIALS
(a) In any bankruptcy case or proceeding, issues triable by jury shall be tried by a jury if a party timely demands a jury trial in accordance with the provisions of this Rule. Nothing in this Rule shall be deemed to (1) create or imply a right to jury trial where no such right exists under applicable law or (2) violate a party's right of trial by jury as set forth in the Seventh Amendment to the Constitution or in any statute of the United States. On motion or on its own initiative, the Court may determine whether there is a right to trial by jury in any adversary proceeding or contested matter or whether a jury demand should be granted or stricken. The United States District Court for the District of Massachusetts has specially designated this Court to conduct jury trials pursuant to 28 U.S.C. § 157(e).
(b) Any party may demand a jury trial of any issue triable by jury by filing with the Court and serving upon the other parties a written demand for jury trial no later than the deadline for filing the answer or the reply to a counterclaim or cross claim in an adversary proceeding, or in a contested matter no later than the deadline for filing the initial responsive pleading or opposition. A jury demand may be made in any pleading described in this subsection and need not be made in a separate pleading. The failure of a party to file and serve a demand constitutes a waiver of the right to trial by jury. A demand for a jury trial may not be withdrawn without the consent of all parties.
(c) The bankruptcy judge may conduct a jury trial pursuant to 28 U.S.C. § 157(e) if the right to a jury trial applies and a timely demand has been made, provided that the parties file a pleading entitled "Joint Statement of Consent to Jury Trial in the Bankruptcy Court" no later than the date established by the Court for the filing of the Joint Pretrial Memorandum pursuant to MLBR 7016-1 or such other time as the Court may fix. If the parties do not file the Joint Statement of Consent to Jury Trial in the Bankruptcy Court, the United States Bankruptcy Court shall conduct all pretrial proceedings and thereafter transfer the case or proceeding to the appropriate United States District Court for trial.
(c) Absent an order of the Court or withdrawal of the reference, the Court will conduct all pre-trial hearings.
(d) Unless otherwise ordered by the Court, the parties shall, jointly or separately, file a statement consenting to the Court conducting a jury trial on issues so triable on or before 14 days after the date established for completion of discovery in any case management order or, if no date is established for completion of discovery, 30 days prior to any date set for trial. If the parties do not consent to the Court conducting a jury trial pursuant to 28 U.S.C. § 157(e), the Court will transfer the case to the United States District Court for the District of Massachusetts for trial.