A party that demands a jury trial under Fed. R. Civ. P. 38(b) may do so by writing
“Demand for Jury Trial” (or the equivalent) on the front page of a pleading, immediately
after the pleading’s title. A party may also use any other manner of demanding a jury trial
that complies with Fed. R. Civ. P. 38(b).
[Adopted effective February 1, 1991; amended July 23, 2012]
2012 Advisory Committee’s Note to LR 38.1
The language of LR 38.1 has been amended in accordance with the restyling process described in
the 2012 Advisory Committee’s Preface on Stylistic Amendments.
The substance of the last sentence of the former version of LR 38.1 (“Failure to use this manner of
noting the demand will not result in a waiver under Rule 38(d).”) has been recast in a positive form. The
rule now instructs parties that they may demand a jury trial either by the method prescribed in LR 38.1, or
by any other method that complies with Fed. R. Civ. P. 38(b) — even if that other method differs from the
method prescribed in LR 38.1.
62
