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I wish to change from a bench trial to a jury trial in a Bankruptcy adversary case.

Oakland, CA |

I am a pro se and the matter has not reached discovery cut off yet.

What is the best way to do this?
It seems that the matter is much more likely to settle if a jury demand is made.


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Attorney answers 3

Best Answer

You have no automatic right to a jury trial in bankruptcy court. While you can make an application for one, it will not automatically be granted. Further, there is federal law indicating that both sides must agree to a jury trial in order for a bankruptcy judge to order one. While you give no specifics in your post that would help in seeing if your dispute would be ripe for a jury trial, I highly doubt that is the case. Plus, your opponent probably won't agree to one, so I would have to say that you're out of luck.

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.



Well you are making a lot of assumptions about the case. But thanks for the information. I'll check into it.


The federal Constitution does not guarantee the right to a jury trial in a federal civil case.

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.


Unless the other side agrees, you will not get a jury trial in bankruptcy court.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.