Bookmarking and annotating the Code and Rules is a special benefit of ABI membership. Join ABI or take a Test Drive today, and start making the Code and Rules your own!
(a) In General. In a bankruptcy case or proceeding, Fed. R. Civ. P. 38–39, 47–49, 51, and 81(c) (insofar as it applies to jury trials) apply. But a demand for a jury trial under Fed. R. Civ. P. 38(b) must be filed in accordance with Rule 5005.+
(b) Jury Trial Before a Bankruptcy Judge. The parties may— jointly or separately—file a statement consenting to a jury trial conducted by a bankruptcy judge under 28 U.S.C. § 157(e) if:
(1) the right to a jury trial applies;
(2) a timely demand has been filed under Fed. R. Civ. P. 38(b);
(3) the bankruptcy judge has been specially designated to conduct the jury trial; and
(4) the statement is filed within any time specified by local rule.
(c) Judgment as a Matter of Law; Motion for a New Trial. Fed. R. Civ. P. 50 applies in a bankruptcy case or proceeding—except that a renewed motion for judgment, or a request for a new trial, must be filed within 14 days after the judgment is entered.
Thoughtful analyses of the day's business and consumer cases.
| Article | Date |
|---|---|
| California Judge Lays Out Rules for Jury Trials in Bankruptcy Court | 07/04/2025 |
Your trusted source for original insolvency articles and legislative updates.
| Article | Date |
|---|---|
| Federal Rules Update The Times They Are a-Changin | 09/30/2009 |
Quality educational content from all ABI conferences.
| Article | Date |
|---|---|
| What You Need to Know about Stern v. Marshall: Part IV | 11/05/2012 |
| How Are the Lower Courts Dealing with Stern v. Marshall? | 05/03/2012 |