Modified 12/1/01

(a) Jury Demand. In any case in which a party asserts a right to trial by jury, the jury trial demand shall be set forth in accordance with Fed. R. Civ. P. 38.

(b) Consent to Have Trial Conducted by Bankruptcy Judge. If the right to a jury trial applies, a timely demand has been filed, and the bankruptcy judge has been specially designated by the District Court to conduct the jury trial, the parties may consent to have a trial by jury conducted by a bankruptcy judge under 28 U.S.C. § 157(e) by jointly filing a statement of consent no later than thirty (30) days following the date the last responsive pleading is required to be filed.

(c) Lack of Mutual Consent to have Jury Trial Conducted by the Bankruptcy Judge. Where a jury trial is timely demanded and the bankruptcy judge has been specially designated by the District Court to conduct the jury trial, but not all of the parties consent to such a trial being conducted before a bankruptcy judge, the proceeding shall be referred to the District Court for a determination of the right to a trial by jury and where and how such trial should be conducted.

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©1998 US Bankruptcy Court
District of Rhode Island