You are here

RULE 9015-1. JURY TRIAL

Chapter: 
PART IX. GENERAL PROVISIONS

A.      Applicable Rules.  Fed. R. Civ. P. 38, 47-51, and 81(c) apply in adversary proceedings defined in Fed. R. Bankr. P. 7001 and all proceedings wherein a party may have a right to trial by jury.

B.      Demand for Jury Trial.  A demand for jury trial shall be made in accordance with Fed. R. Civ. P. 38 and filed in the office of the Clerk.  After notice and hearing, the Bankruptcy Judge shall rule upon the demand for jury trial and make findings as to which issues are triable to a jury as a matter of right.

C.      Reference Withdrawal.  If the Bankruptcy Judge determines that a party has a right to a jury trial on some or all issues, the Bankruptcy Judge shall request the United States District Court to withdraw the reference as to those matters triable to a jury and such other issues as the United States District Court shall determine.