The U.S. Court of Appeals for the Eighth Circuit has recently highlighted the necessity for plaintiffs to formally request a jury trial in a decision likely to resonate across legal circles. The ruling underscores the critical need for plaintiffs to adhere to Rule 38(b)(1), which mandates requesting a jury trial either in the pleadings or within 14 days of their service. Rule 39(b) also allows for such a request to be made via a formal motion.
The case, E&I Global Energy Services v. Liberty Mutual Insurance, centers around the aftermath of work on the Western Area Power Administration’s VT Hanson Substation project. In this instance, both E&I Global Energy Services, Inc. and E&C Global LLC, operating as subcontractors, appealed the district court’s findings following a bench trial. Specifically, their reliance on the opposing party’s consent without making a formal submission to the court proved insufficient for securing a jury trial.
This decision serves as a critical reminder for legal professionals to ensure compliance with procedural rules for trial requests, which can directly affect case outcomes. As the Eighth Circuit made clear, relying solely on mutual agreements between parties without formal court submission falls short of legal requirements.