Effectiveness of Jury Trial Waiver

"The right of trial by jury shall remain inviolate, but the Legislature may, by enactment, provide that in all civil suits tried in the circuit and chancery court, nine or more jurors may agree on the verdict and return it as the verdict of the jury. Miss. Const. Art. 3, §31

Parties to an action may waive their rights to a jury trial by filing with the court a specific, written stipulation that the right has been waived and requesting that the action be tried by the court. The court may, in its discretion, require that the action be tried by a jury notwithstanding the stipulation of waiver. Miss. R. Civ. P. 38"

Generally, in Mississippi, a person is charged with knowing the contents of any document he executes. However, the Mississippi Supreme Court has held that an arbitration clause, which includes a waiver of jury trial, may be unenforceable if the clause is unconscionable. See Russell v. Performance Toyota, 826 So. 2d 719 (Miss. 2002) (arbitration clause enforceable), East Ford v. Taylor, 826 So. 2d 709 (Miss. 2002) (arbitration clause unenforceable because it was unconscionable).