FRCP - Rule 38 (LII 2004 ed.)
Jury Trial of Right
Central District of California U.S.D.C.Local Rules
Rule Name:
Chapter:
Last Revised:
F.R.Civ.P. 38. Jury Trial of Right
Chapter I: Local Civil Rules, Integrated with Titles of Federal Rules of Civil Procedure
12/01/2003
F.R.Civ.P. 38. Jury Trial of Right
L.R. 38-1 Jury Trial Demand - Included in Pleading . If the demand for jury trial is included in a pleading, it shall be set forth at the end thereof and be signed by the attorney for the party making the demand. The caption of such a pleading shall also contain the following: “DEMAND FOR JURY TRIAL.”
L.R. 38-2 Jury Trial Demand - Removed Cases Where Jury Trial Not Demanded Prior to Removal . In all such cases removed to this Court which are not at issue at the time of removal, the demand for jury trial must be filed within ten (10) days after service of the last responsive pleading addressed to an issue triable by right by a jury. If the matter already is at issue at the time of removal, the demand must be filed within ten (10) days after the filing of the notice of removal if the demand is made by the removing party, and within ten (10) days after service of filing of the notice of removal if the demand is made by a party other than the removing party.
L.R. 38-3 Jury Trial Demand - Marking Civil Cover Sheet Insufficient . Marking the Civil Cover Sheet shall not be deemed a sufficient demand to comply with F.R.Civ.P. 38(b) or L.R. 38-1 and 38-2.
L.R. 38-4 Exceptions . The provisions of L.R. 38-3 shall not prevent the use of printed forms provided by the Clerk or by the Administrative Office of the United States Courts.
