Legal Opinion

Samad v. High Society Magazine

District Court, Virgin Islands

Decided November 1, 1983No. Civil No. 82-26PublishedCited by 1 opinion

1Opinion of the CourtChristian, Chief Judge

*363MEMORANDUM AND ORDER

Federal Rule of Civil Procedure 38(b) prescribes the procedure by which a party to a civil action may demand a jury trial:

Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue ....

Fed. R. Civ. P. 38(b) (emphasis added). Failure to serve a demand within ten days of service of the last pleading constitutes waiver of the right to trial by jury. Fed. R. Civ. P.…

2Cases cited10 opinions

  1. Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
  2. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
  3. Jess F. Rhodes v. Amarillo Hospital DistrictCourt of Appeals for the Fifth Circuit · 1981
  4. William Bush v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
  5. William Goldman Theatres, Inc. v. KirkpatrickCourt of Appeals for the Third Circuit · 1946

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3Cited by1 opinion

  1. Burgess v. HendleySupreme Court of The Virgin Islands · 1991

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