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Re: dukesking post# 321284

Tuesday, 01/26/2021 7:40:28 PM

Tuesday, January 26, 2021 7:40:28 PM

Post# of 427278
Looks like jury trial can be demanded

...unless parties agree otherwise (or Court says no right)

RULE 38.1. Notation of "Jury Demand" on the Pleading.
If a party demands a jury trial by endorsing it on a pleading, as permitted by Fed. R. Civ. P. 38(b) , a notation shall be placed in the caption of the pleading stating "Demand For Jury Trial" or the equivalent. This notation will serve as a sufficient demand under Fed. R. Civ. P. 38(b).


(a) When a Demand Is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:

(1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or

(2) the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial.

https://www.ded.uscourts.gov/sites/ded/files/local-rules/District%20of%20Delaware%20LOCAL%20RULES%202016.pdf

https://www.law.cornell.edu/rules/frcp/rule_39





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