E.R.B. v. J.H.F.

PRYOR, Chief Judge:

The issue presented in this appeal is whether the Seventh Amendment guarantees the right to trial by jury in a proceeding to establish parentage. We hold that the right to a jury trial does not attach in such an action.

In July 1981, Ms. B filed a petition on behalf of herself and her son to establish paternity and provide support, naming Mr. F as respondent. Mr. F made a timely demand for a jury trial in his answer. Ms. B then filed a motion to strike the request for a jury, which the trial court granted. Thereafter, the case was heard by the trial court on February 9 and…