The Eighth Circuit Reinforces the Importance of Expressly Requesting Jury Trials
The U.S. Court of Appeals for the Eighth Circuit recently reinforced the importance of a plaintiff asking for a jury trial either in the pleadings or within 14 days after service of the pleadings, as required by Rule 38(b)(1), or through a formal motion, as allowed under Rule 39(b). Relying on an opposing party’s consent to a belated request for a jury trial—without making a formal submission to the court—is not enough.