Local Rule RULE 9015-1: JURY TRIAL

RULE 9015-1. JURY TRIAL A.Issues triable of right by jury shall, if demanded, be by jury.

B.Any party may demand a trial by jury of any issue triable by a jury by- 1.serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than fourteen (14) days after the service of the last pleading directed to such issue, and 2.filing the demand as required by Bankruptcy Rule 5005. Such demand may be indorsed upon a pleading of a party. If so indorsed, the demand shall be set forth separately, at the end of the pleading.

C.In the demand, a party may specify the issues that the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within fourteen (14) days after service of the demand or such lesser times 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.

D.The party making the demand for a trial by jury shall state in the request the legal authority for a trial by jury.

E.The failure of a party to serve and file a demand for jury trial may constitute a waiver by the party of a trial by jury. A demand for trial by jury may not be withdrawn without the consent of the parties.

F.If the right to a jury trial applies and a timely demand has been filed under Rule 38(b), Fed.R.Civ.P., the parties may consent to have a jury trial conducted by the Bankruptcy Judge under 28 U.S.C. §157(e) by jointly or separately filing a statement of consent no later than thirty (30) days following the initial demand for jury trial.

G.Assessment of Jury Costs. Settlement or other disposition of the case other than by trial must be given to the Clerk of the Bankruptcy Court in writing not less than three (3) days prior to the jury trial setting. Should the parties fail to give timely notice, the Court may in an appropriate case assess jury costs against the parties and/or counsel. Any monies collected as a result of said assessment shall be paid to the Clerk of Court for transmittal to the United States Treasury.

H.Consent to Jury Trial by Bankruptcy Court. If the right to a jury trial applies and a timely demand for trial by a jury has been filed, the parties may consent to have a jury trial conducted by a bankruptcy Judge by jointly or separately filing a statement of consent no later than fourteen (14) days after the last date upon which a timely jury demand may be made.

I.List of Witnesses Called. Upon completion of a jury trial, the parties shall jointly provide to the courtroom deputy a list of witnesses who testified. The courtroom deputy shall provide the list to the jury to assist in deliberations.

J.List of Exhibits Received. Upon completion of a jury trial, the parties shall each provide a list of admitted exhibits to the courtroom deputy. The courtroom deputy shall provide the lists to the jury to assist in deliberations.

K.Selection of Jurors. The jury plan of the District Court governs jury selection in this Court.

L.Communications with Jurors. The District Court Local Rules regarding attorney communication with jurors applies in cases and proceedings before this Court.