Jury Waiver Clauses

In all civil cases, the right of trial by jury shall remain inviolate. (Ind. Const. Art. 1 §20)

The failure of a party to appear at the trial, and the failure of a party to serve a demand and to file it constitutes waiver of trial by jury. A demand for trial by jury may not be withdrawn without the consent of the other party or parties. The trial court shall not grant a demand for a trial by jury filed after the specified time except upon the written agreement of all of the parties to the action. If such agreement is filed then the court may, in its discretion, grant a trial by jury in which event the grant of a trial by jury may not be withdrawn except by the agreement of all of the parties. (Ind.R. Trial Proc. Rule 38)

If the parties or their attorneys of record, by written stipulation filed with the court or by oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury upon any or all issues triable by jury as of right and so demanded, the court shall try those issues without a jury. The stipulation shall be effective only if filed or made in court before evidence is admitted at the trial or at such later time as the court, in its discretion, may allow. (Ind. R. Trial Proc. Rule 39)