Waiver of Jury Trial
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Statutes
The failure of a party to serve and file a demand constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. (Hawai‘i Rules of Civil Procedure, Rule 38)
Cases
The right to a jury trial may be waived either expressly or impliedly, but an unequivocal act is necessary to show the right has been waived because there is a presumption against waiver. Pancakes of Hawaii v. Pomare Props. Corp., 85 Haw. 300, 306 (Haw. Ct. App. 1997); Joy A. McElroy, M.D., Inc. v. Maryl Group, Inc., 107 Haw. 423, 430 (Haw. Ct. App. 2005).
Comments
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Contributors
Steven Guttman, Esq.
Kessner Umebayashi Bain & Matsunaga
The statutory information was edited and reviewed with the support of MultiState
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