Legal Opinion
Mark v. Francis
Supreme Court of The Virgin Islands
Decided June 10, 1981No. Civil No. 243/1980PublishedCited by 1 opinion
1Opinion of the CourtFeuerzeig, Judge
MEMORANDUM OPINION AND ORDER
A late jury demand has been made by plaintiff Kenneth Mark, and defendant Rosemarie Francis moves that the demand be *280stricken. The court at the pretrial conference inappropriately indicated to Mark that he need not show any basis for his late demand pursuant to Fed. R. Civ. P. 39(b), but he must be required to do so.
A jury demand must be made within ten days after service of the last pleading directed to a jury triable issue. Fed. R. Civ. P. 38(b). Pleadings in this case closed with the service of Francis’ answer on July 20, 1980,1 and Mark’s jury demand was not…
2Cases cited4 opinions
- William Bush v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
- Ligouri v. New York, New Haven & Hartford RailroadDistrict Court, D. Connecticut · 1961
- State v. HurstDistrict Court, N.D. Mississippi · 1966
- C. Albert Sauter Co. v. Richard S. Sauter Co.District Court, E.D. Pennsylvania · 1972
3Cited by1 opinion
- Burgess v. HendleySupreme Court of The Virgin Islands · 1991