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Statutes

"The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. (Art. I, §5, Wis. Constitution )"

Cases

It is generally believed that contractual jury trial waivers are enforceable under general contract principles with respect to a commercial transaction. It is possible that a jury trial waiver in a consumer transaction could be determined unconscionable, and thus unenforceable, depending on the circumstances of the case.

Comments

None.

Contributors

Roy L. Prange, Elizabeth A. Orelup, Katherine M. Perhach

The statutory information was edited and reviewed with the support of MultiState

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