Jury Trial Waivers
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Statutes
"While there is a right to a jury trial, the right is waived in all civil cases unless demanded by one of the parties. MCL Article I ยง 14.
A party who fails to file a demand or pay the jury fee as required by this rule waives trial by jury. A demand for trial by jury may not be withdrawn without the consent, expressed in writing or on the record, of the parties or their attorneys. Mich.Ct. Rules 2.508."
Cases
Although federal law controls the issue of jury waivers, a contractual waiver of a right to jury trial is enforceable so long as the waiver was knowing and voluntary. K.M.C. Co., Inc. v. Irving Trust Co., 757 F.2d 752, 755 (6th Cir. 1985) (applying federal law to issue of jury waiver in a diversity action case). Leasing Service Corp. v. Crane, 804 F.2d 828, 833 (4th Cir. 1986)
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Contributors
Jay L. Welford, Esq., Todd M. Gers, Esq.
The statutory information was edited and reviewed with the support of MultiState
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