2. Specification of Issues
U.S. District Court of Maryland Local Rules (December 1, 2025)
c) Upon withdrawal or transfer of any complaint to the District Court, the plaintiff may
forward to the defendant a notice and request to waive service of summons or the Clerk
shall issue a District Court summons pursuant to Fed. R. Civ. P. 4(d) unless either of the
aforementioned has already occurred pursuant to the Bankruptcy Rules.
d) This subsection (d) governs personal injury tort and wrongful death claims which
must be tried in the District Court pursuant to 28 U.S.C. § 157(b)(5). Except for the
procedures contained within this subsection, personal injury tort and wrongful death
proceedings shall be filed with the Clerk in the Bankruptcy Court. However, beneath the
bankruptcy number, the pleading or other document shall designate the pleading or
document as a “SECTION 157(b)(5) MATTER.” When filing a complaint, a completed
District Court civil cover sheet (AO Form JS-44) should be submitted beneath the
Bankruptcy Court cover sheet required by Local Bankruptcy Rule 7003-1. No summons
shall be issued until the proceeding is transferred to the District Court. Upon filing the
complaint, the Clerk in the Bankruptcy Court shall immediately transfer the proceeding to
the District Court and plaintiff may send to the defendant(s) a notice and request to waive
service of summons pursuant to Fed. R. Civ. P. 4(d) or the Clerk of the District Court shall
issue a summons.
4. Motions Concerning Venue in Bankruptcy Cases and Proceedings
All motions concerning venue in cases arising under Title 11 or arising in or related to
cases under Title 11 shall be determined by the Bankruptcy Court, except in those cases to
be tried in the District Court pursuant to 28 U.S.C. § 157(b)(5).
RULE 406. JURY TRIAL
1. Demand
In any bankruptcy proceeding any party may demand a trial by jury of any issue triable
of right by jury by (1) serving upon the other parties a demand therefor in writing at any
time after the commencement of the action and not later than fourteen (14) days after the
service of the last pleading directed to such issue and (2) filing the demand as required by
Bankruptcy Rule 9015. Such demand may be indorsed upon a pleading of the party. If the
adversary proceeding is one that has been removed from another court, any demand
previously made under the rules of that court shall constitute a demand for trial by jury
under this Rule.
2. Specification of Issues
In the demand, a party may specify the issues which the party wishes so tried; otherwise
the party shall be deemed to have demanded trial by jury for all the issues so triable. If the
party has demanded trial by jury for only some of the issues, any other party within fourteen
