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Such waiver may also be made during trial with the approval of the court and the consent of the prosecuting attorney. A jury trial waiver provides that a party can waive its seventh amendment right.The waiver works to have the parties agree to a bench trial as opposed to a jury trial. Failure to claim jury trial as provided in this section is a complete waiver of right thereto. Waiving the right to a jury trial means that the judge alone will hear and decide the case. A jury trial waiver may be unenforceable. Waiver of Jury Trial. Waiver of Jury Trial. The constitutional right to a jury trial can be waived in favor of a bench trial. (d) Waiver; Withdrawal.