Waiver of Trial by Jury
Last Review
Last Update
Statutes
The trial by jury may be waived by the parties in actions arising on contract and, with assent of the court in other actions, by the consent of the party appearing, when the other party fails to appear at the trial by himself or herself or by attorney; by written consent, in person or by attorney, filed with the clerk; and by oral consent in open court entered upon the record. NEB. REV. STAT. ยง 25-1126
Cases
However, a trial court may allow a party to withdraw its previous waiver of its right to a jury trial. McKinney v. County of Cass, 144 N.W.2d 416 (Neb. 1966)
Comments
Thus, a pre-litigation waiver of jury trial is unlikely to be enforced in Nebraska.
Contributors
Sean Gillen, Esq.
The statutory information was edited and reviewed with the support of MultiState
Become a Content Contributor
The State Law Compendium is made possible through the cooperation, dedication and ongoing efforts of attorney’s who provide and update its statues, cases and comments.
Attorneys who would like to volunteer to develop or update compendium content are welcome to contact us to learn more.