Colgrove v. Battin

413 U.S. 149 (1973)


Local Rule 13(d)(1) provides for a jury of six. When the case was set for trial, petitioner sought mandamus to impanel a 12-member jury. Petitioner contends that the local rule violates the Seventh Amendment and 28 U.S.C. section 2072 (rules shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment) and inconsistent with Rule 48 which called for not less than twelve members for a jury. (Note section 2072 was changed in 1988, and Rule 48 was amended in 1991). The Court of Appeals found no merit, sustained the local rule, and denied the writ.