Local Rule RULE 4.2: JURY TRIAL PROCEDURES IN BANKRUPTCY COURT

RULE 4.2 JURY TRIAL PROCEDURES IN BANKRUPTCY COURT The following procedures may apply to jury trials conducted by the bankruptcy court in this district.

(A) Designation of Bankruptcy Judges to Conduct Jury Trials.

In bankruptcy cases filed on or after October 22, 1994, if the right to a jury trial applies in a proceeding that may be heard by a bankruptcy judge, the bankruptcy judges of this district are specially designated to exercise such jurisdiction, upon the express consent of all the parties, and upon compliance with all of the terms and conditions set forth in this Rule.

(B) Trial by Jury.

Issues triable of right by jury will, if timely demanded, be by jury, unless the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury.

(C) Demand.

(1) Time; Forum.

Any party may demand a trial by jury of any issue triable by a jury by serving on the other parties a demand therefor in writing not later than 14 days after service of the last pleading directed to such issue. The demand may be endorsed on a pleading of the party. When a jury trial is demanded, it must be designated by the clerk in the docket as a jury matter.

(2) Specification of Issues.

In the demand, a party may specify the issues to be so tried; otherwise, the demand will be deemed a demand for trial by jury of all the issues so triable. If the demand for trial by jury is directed to some of the issues, any other party, within 14 days after the service of the demand, or such lesser time as the court may order, may serve a demand for trial by jury of other or all of the issues.

(3) Determination by Court.

On motion, or on its own initiative, the presiding judge may determine whether there is a right to trial by jury of the issues for which a jury trial is demanded or whether a demand for trial by jury will be granted.

(D) Waiver and Withdrawal.

The failure of a party to serve a demand as required by this Rule and to file it as required by Federal Rule of Bankruptcy Procedure 5005, constitutes a waiver of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of all parties and the approval of the court.

(E) Trial by the Court.

Issues not demanded for trial by jury will be tried by the court.

(F) Applicability of Certain of the Federal Rules of Civil Procedure.

Federal Rules of Civil Procedure 47 through 51 will apply when a jury trial is conducted pursuant to this Rule.