- Applicability of Certain Federal Rules of Civil Procedure. Civil Rules 38, 39, 47-49 and 51, and Civil Rule 81(c) insofar as it applies to jury trials, apply in all cases and proceedings, except that a demand made under Civil Rule 38(b) shall be filed in accordance with Bankruptcy Rule 5005.
- A demand for a jury trial shall include a statement indicating the demanding party's consent or non-consent to have the jury trial conducted by a bankruptcy judge. The adverse party shall file a statement of consent or non-consent within twenty-one (21) days after the demand is made.
Note: This rule is not intended to expand or create any right to trial by jury where such right does not otherwise exist.
Advisory Committee Notes
The amended rule includes both substantive and stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Former subdivision C. is deleted as an unnecessary reference to the general order of designation. Subdivision (B) is amended to remove an alternative time frame for filing the statement of consent or non-consent.