Local Rule Rule 9015-1: Jury Trial Demand and Consent

Rule 9015-1 Jury Trial Demand and Consent

(a) In a Contested Matter or Adversary Proceeding Initiated in Bankruptcy Court. A party who demands a jury trial in a contested matter or adversary proceeding initiated in the bankruptcy court must indicate in its jury trial demand whether it consents to the bankruptcy judge conducting the jury trial. Any other party has until 14 days after the later of (a) the service of a jury demand, or (b) the deadline to file an answer or other responsive pleading, to file a statement indicating whether it consents to the bankruptcy judge conducting the jury trial. Any party that does not timely file a statement indicating that it does not consent to the bankruptcy judge conducting the jury trial, will be deemed to have consented to the bankruptcy judge conducting the jury trial.

(b) In an Adversary Proceeding Removed from State Court in Which a Jury Trial Demand Was Timely Filed. In an adversary proceeding removed from state court in which a jury trial demand was timely filed, the jury demand need not be re-filed in this court to be effective. A party will be deemed to have consented to the bankruptcy judge conducting the jury trial unless, within 28 days after the removal, the party files a statement indicating that it does not consent to the bankruptcy judge conducting the jury trial.

(c) In an Adversary Proceeding Removed from State Court in Which a Jury Trial Demand Was Not Filed And the Time to File Has Not Yet Expired. In an adversary proceeding removed from state court in which a jury trial demand was not filed and the time to file a jury demand under applicable state law has not expired, the deadline to file a jury demand is 28 days after the removal. If a jury trial demand is filed, the parties' consents to the bankruptcy judge conducting the jury trial will be determined under the provisions of subpart (a).

(d) Motion to Withdraw the Reference or Motion to Strike Jury Demand. With respect to subparts (a), (b) and (c) of this rule, if all parties do not consent to the bankruptcy judge conducting a jury trial, at the initial hearing on a contested matter, or at the initial status conference held in an adversary proceeding, the court may consider setting a deadline for the filing of a motion to withdraw the reference or a motion to strike the jury demand.