This form contains several boilerplate contract clauses that provide for an enforceable waiver of the right to trial by jury for any actions or claims that may arise under the contract agreement.
Illinois Negotiating and Drafting an Enforceable Jury Waiver Provision
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Your jury waiver is more likely to be enforced if it is set off by all caps and in bold print, or found in a paragraph with a heading that reads something like, "Waiver of Right to Jury Trial," or "Surrender of Important Rights." Even better, your contract should also include a signature line next to the waiver for the ...
Generally, the waiver is enforceable if it is entered into knowingly, intentionally, and voluntarily, the language is clear, unequivocal, and prominently set forth in the agreement, and the parties are of roughly equal bargaining power.
A jury trial may be waived by the defendant in all criminal cases. . . by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.?
A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
A jury waiver provision is a contractual provision by which one or both of the parties agree to waive the right to have a jury trial, replacing it with a bench trial as the default process to resolve disputes under the contract.
Choice of law clauses are found in almost every contract. However, parties can sometimes use them strategically. For example, a business can set the choice of law in Delaware if they are headquartered in that state, even though they may be conducting business elsewhere in the country.
A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself.
Finally, parties should choose governing law from the same state where claims under the contract will be brought. This ensures that the courts interpreting and enforcing the contract terms are experienced in applying the parties' chosen law.