RULE 38. TRIALS.

1. Trials of all civil actions shall be to the Court without a jury unless a party to the action files a request for a jury trial and pays the fee of $100 at the time of filing his initial pleadings.  Court will then fix the time and place for hearing the request for a jury trial which the Court may postpone until the pleadings have been completed and issues formulated.  The Court shall make the determination of whether or not a jury trial shall be granted upon whether significant issues of fact are presented which will be determined of the issues which are inappropriate for the Court to decide.  No jury trial will be allowed unless such significant factual issues are determined by the Court to exist.
2. Unless the requested party or the Court specified otherwise, all factual issues properly triable by a jury shall be decided by the jury at trial.
3. A judge may, upon his motion, order a trial by jury of any or all of the factual issues of a case regardless of whether or not the parties have requested the same.  A judge may hear and decide any or all of the issues at trial without a jury if either party fails to appear for trial regardless of whether a jury trial was requested or ordered.
4. The failure of a party to demand or request a jury trial at the time of filing his initial pleadings together with the appropriate filing fee shall constitute a waiver by him of any rights which he may have to trial by jury.