Local Rule L.R. 9015: Jury Trials.

L.R. 9015 - Jury Trials. A. General Provisions. A party claiming a right to a jury trial must make a demand as specified in L.R. 9015(B). The parties or their attorneys of record, by written stipulation filed with the Court, by oral stipulation made in open court and entered in the record, or as otherwise provided in L.R. 9015(B) may consent to trial by the Court sitting without a jury of matters that may, of right, be tried by a jury.

B. Jury Demand and Withdrawal of Reference. 1. Time, Form, and Consent. Any party may demand a jury trial as provided in Fed. R. Civ. P. 38(b) and E.D.Mo.L.R. 38-2.04. Such demand must include a statement that the party does or does not consent to a jury trial conducted by the Bankruptcy Court. Within fourteen (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. 2. Specification of Issues. In a jury trial demand, a party may specify the issues which that party wishes to be tried by a jury. Otherwise that party will be deemed to have demanded a jury trial of all the issues so triable. If a party has demanded a jury trial of only some of the issues, any other party within fourteen (14) days after service of the jury demand or such lesser time as the Court may order, may serve a demand for a jury trial of any other or all of the issues. 3. Determination by Court. On motion or on its own initiative, the Court may determine whether there is a right to a jury trial of the issues for which a jury trial is demanded. 4. Cover Sheet Insufficient. Marking the Adversary Proceeding Cover Sheet is not a sufficient jury demand to comply with Fed. R. Civ. P. 38(b), E.D.Mo.L.R. 3-2.02, or this Rule. 5. Waiver. The failure of a party to file and serve a demand as required by this Rule constitutes a waiver of the right to a jury trial. A demand for a jury trial made pursuant to this Rule may not be withdrawn without the written consent of the parties and an order of the Court. 6. Trial by the Court. Issues not demanded to be tried by jury may be tried by the Court. 7. Pre-trial Procedure where Jury Trial Demanded. Where a jury trial is demanded, all pre-trial proceedings will be conducted by the bankruptcy judge unless otherwise ordered by the District Court. 8. Motion for Withdrawal of the Reference in Adversary Proceeding where Jury Trial Demanded. Any party may file and serve a motion in accordance with L.R. 5011 in the Bankruptcy Court to withdraw the reference pursuant to 28 U.S.C. § 157(d). 9. Right to Jury Trial. Nothing contained in these Rules should be deemed to create or imply a right to a jury trial where no such right exists under applicable law.