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This is known as a "bench trial." Waiver of Jury Trial.A jury trial waiver may be unenforceable. Waiving the right to a jury trial means that the judge alone will hear and decide the case. A contractual jury waiver is a provision that is found in some contracts. To waive a right to a jury trial, the defendant must consent in writing. The constitutional right to a jury trial can be waived in favor of a bench trial. (b) Waiver of Right to Jury Trial. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed.