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(a)   Authorization

Under S.D.Ind. L.R. 39-1, the District Court has authorized the Bankruptcy Judges of this District to conduct jury trials with the express consent of all parties.

(b)   Form of Demand

(1)     A demand for trial by jury, where permitted by Fed.R.Civ.P. 38, shall be filed with a party’s first pleading or within 30 days of the filing of a notice of removal, whichever is earlier, and shall include the demand in the title by way of a notation placed on the front page of the pleading, immediately following the title of the pleading, stating “Demand for Jury Trial.”

(2)     Any notation on an adversary cover sheet filed under S.D.Ind. B-7001-1 shall not constitute a demand for trial by jury under this rule.

(3)     The demand may specify the issues which the party wishes to be tried to a jury; otherwise the party shall be deemed to have demanded to have all issues tried by jury.

(c)   Consent

A demand for trial by jury shall state whether the party making the demand consents to the Bankruptcy Judge conducting the jury trial. Within 30 days of the demand, any adverse party shall file a statement stating its consent or a lack of consent to the Bankruptcy Judge conducting the jury trial. The statement may be included in the party’s responsive pleading or filed separately.

(d)   Waiver and Withdrawal

The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury may be withdrawn at any time.

(e)   Determination of Right

On its own motion or upon the motion of a party, the Court shall determine, as early as practicable, whether the demand for trial by jury is proper and whether the party has a right to a jury trial and, if so, as to which issues. If there is no consent, the Court may direct a party to file a motion to withdraw the reference.

(f)   Applicability of District Court Local Rules

The following District Court local rules concerning jury trials apply unless the Court orders otherwise:

47-1     Voir dire

47-2     Communication with jurors

47-3     Juror costs

47-4     Jury; unanimous verdict

(g)   No Right Created

This rule does not expand or create any right to trial by jury where the right does not otherwise exist.