Effectiveness of jury trial waiver
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Statutes
A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent. (Superior Court Rules--Civil (SCR-Civil) Rule 38)
Cases
A jury trial waiver clause in a lease is valid and binding on the parties, unless the waiver is unconscionable, contrary to public policy, or unfair under the circumstances. Pers Travel, Inc. v. Canal Square Assocs., 804 A.2d 1108, 1112 (D.C. 2002)
Comments
Under the facts presented, the Pers Travel court found nothing unfair or unconscionable in the waiver clause appearing in the same type size as the rest of the lease. Id.
Contributors
Steven N. Leitess
Leitess Friedberg PC
The statutory information was edited and reviewed with the support of MultiState
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