Jury Waiver Clauses
How effective is a jury trial waiver?
Statutes
"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, ยง 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
Cases
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.)."
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState