Jury Waiver Clauses

"A right to a jury trial extends to all cases without regard to the amount in controversy. A jury trial may be waived by the parties in all cases in the manner prescribed by law. Minn. Const. of 1857, art. I, § 4

In actions for the recovery of money only, or of specific real or personal property, their must be a jury trial unless waived or ordered. In contract actions, with the permission of the court, a jury trial may be waived by failing to appear; written consent; or oral consent in open court. Failure to file any document requesting a jury trial or pay a jury fee is not a waiver of the right to a jury trial. Minn. R. Civ. Pr. 38

"The statutory methods of waiver of right to jury trial are not exclusive, but when some other manner of waiving a jury other than those specified by statute is relied upon, the intention to waive must be clear and unequivocal. Roske v. Ilykanyics, 45 N.W.2d 769 (Minn. 1951).

Waiver of a jury trial by contract is valid. See, Crosby v. Aid Association for Lutherans, 2004 WL 2584847 (Minn.Dist.Ct.); Northwest Airlines, Inc. v. Air Line Pilots Association, I'ntl, 373 F.2d 136 (8th Cir. 1967); La Parilla, Inc. v. Jones Lang LaSalle Americas, Inc., Slip Copy, 2006 WL 2069207 (D.Minn.)."

The right to a jury trial for actions at law is guaranteed while equitable actions are not entitled to jury trials (this right applies to all causes of action at law regardless of whether the legislature has codified the cause of action). Abraham v. County of Hennepin, 639 N.W.2d 342 (Minn. 2002).