IMPLEMENTATION OF TEMPORARY )
RULE ON JURY TRIALS UNDER ) GENERAL ORDER 95-5
BANKRUPTCY REFORM ACT OF 1994 )
a) APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE. Rules 38, 39, and 47-51 F.R.Civ.P., and Rule 81(c) F.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made under Rule 38(b) F.R.Civ.P. shall be filed in accordance with Bankruptcy Rule 5005.
b) CONSENT TO HAVE JURY TRIAL CONDUCTED BY BANKRUPTCY JUDGE. If the right to jury trial applies, and a timely demand has been filed under Rule 38(b) F.R.Civ.P., the parties may consent to have a jury trial conducted by a Bankruptcy Judge under 28 USC §157(e) by jointly or separately filing a statement of consent no later than the first pre-trial conference in the adversary proceeding, and in all other matters and proceedings, upon seasonable demand.
This temporary rule provides procedures relating to jury trials. This rule is not intended to expand or create any right to trial by jury where such right does not otherwise exist.
The United States District Court for the District of Vermont, by General Order No. 34, has designated the Bankruptcy Judge to conduct jury trials.
This temporary rule shall become effective immediately. So Ordered.
DATED at Rutland, Vermont, this 8 day of March, 1995
/s/ Francis G. Conrad
U.S. Bankruptcy Judge