Jury Waiver Clauses

Every person who commences a civil action in the Court of Common Pleas shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person's original pleading is directed. Any party other than the party commencing the action may demand a trial by jury of an issue triable of right by a jury by serving upon the other parties a demand therefor in writing and depositing with the Clerk of the Court the amount necessary for the commencement of an action in Superior Court. Such demand shall be served and filed and the necessary amount deposited with the Clerk, not later than 5 days after the service of the last pleading directed to such issue. The demand for jury trial may be endorsed upon a pleading of the party, provided it is typed or written on the first page of the pleading immediately following the caption of the case. The failure of a party to serve and file a demand for trial by jury or to deposit the necessary amount in accordance with the requirements of this section constitutes a waiver of trial by jury. (10 Del.C. § 1328)

Parties to a contract may waive their right to a jury trial and, as long as there is a clear, unambiguous waiver to a jury trial, a Delaware court will enforce it. Cantor Fitzgerald, Inc. V. Cantor Fitzgerald, L.P., 2001 WL 589028, *2 (Del. Super. Ct. May 24, 2001).