Waiver of Jury Trial

The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury. In all actions not triable of right by a jury, or where jury trial has been expressly waived, the court may nevertheless order a trial with a jury whose verdict will have the same effect as if trial by jury had been a matter of right or had not been waived. (Ga. Code Ann., § 9-11-39)

"[P]relitigation contractual waivers of jury trial are not enforceable in cases tried under the laws of Georgia.""Am. S. Fin., Ltd. v. Yang, 264 Ga. 513, 513 (1994);

Waiver of a right to a jury trial must demonstrate full understanding of all circumstances surrounding relinquishment of the right when it was executed. Howard v. Bank South, N.A., 209 Ga. App. 407, 433 S.E.2d 625 (1993);

Waiver of the right to a jury trial is also possible through conduct implicitly waiving the right. Cole v. ACR/Atlanta Car Remarketing, Inc., 295 Ga. App. 510, 672 S.E.2d 420 (2008)"

Very important to note that you cannot enforce a contractual jury trial waiver in Georgia, meaning you will have to try the case before a jury unless the parties agree to waive the jury trial after litigation has begun.