LCRLJ 38 CIVIL JURY TRIAL (A) Demand. The request for jury trial in civil cases shall be made by filing a demand with the clerk and paying the jury fee not later than seven days from the date of the trial setting notice issued from the court. Failure to comply with this rule is a waiver of the right to a jury trial. (B) Imposition of costs. Whenever any cause assigned for jury trial is settled or will not be tried by the jury for any reason, notice of that fact shall be given immediately to the court. If notification is not given forty- eight hours prior to the time of the trial, and in any event after the jury has been summoned orally or in writing, the court in its discretion may order payment of the actual costs of the jury panel by the offending party. (NOTE: THERE IS NO PROVISION FOR REFUND OF THE JURY FEES.) (C) Pre-trial Procedure. All cases set for jury trial shall be set for pre-trial conference, which shall be held at least two weeks prior to trial. The attorneys who are to conduct the trial and all parties shall be present to consider such matters as will promote a fair and expeditious trial. All discovery should be completed five days prior to said conference. Opposing counsel or party must be given five days notice of pre-trial motions to be heard at the pre-trial conference. Any pre-trial motions requiring the testimony of witnesses for argument may, in the discretion of the court, be continued to the day of trial. All amendments, pleadings and motions should be made or be completed at this conference. Upon failure to appear, the judge may proceed with the conference ex parte, and enter any appropriate order including striking the jury demand and may impose terms. Insofar as practicable the conference shall deal with any matter cognizable by Superior Court Rule CR 4.5, and failure to raise that matter may result in the waiver of the same. (Adopted effective September 1, 2008)
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