Williamson v. St. Martin's Apartments (2020)

Citation: Williamson v. St. Martin's Apartments (2020)
Parent Document: Williamson v. St. Martin's Apartments (2020)
Jurisdiction: DC (municipal)
Effective Date: 2020-08-06
Original Source: https://www.courtlistener.com/opinion/4773213/williamson-v-st-martins-apartments/ ↗

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            As the D.C. Circuit explained in Kass, the existence of uncontrollable
circumstances might well suffice to preserve the right to a jury trial even if the
demand is untimely made. But uncontrollable circumstances is not the governing
standard; instead, in exercising discretion, the judge needs to take into account
“any and all pertinent factors in the case, including particularly the nature of the
issues presented by the pleadings and the general orderly disposition of the court’s
business.” 164 F.2d at 515; see also id. at 517 (“We hold that when a party has
failed to comply with the requirements of the Rule in respect to demands for jury
trial, and thereafter appeals to the court to grant such trial, the matter lies within the
sound discretion of the court. In exercising that discretion, the court may consider
all elements pertinent to the interests of both parties and also to the general conduct
of the business of the court. The sole exception, if any, to this general rule should
be, as we have indicated, the case where uncontrollable circumstances prevent
compliance with the terms of the Rule; there the right may perhaps be preserved.”).
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