Maine Negotiating and Drafting an Enforceable Jury Waiver Provision

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US-ND0705
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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.

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FAQ

702. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if such testimony will help the trier of fact to understand the evidence or to determine a fact in issue.

RULE 402. Irrelevant evidence is not admissible.

But every now and then, a criminal defendant wants to waive (give up) the right to a jury trial. Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury.

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.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving ? or the witness's admitting ? a dishonest act or false statement.

On motion of the defendant or the attorney for the State, or on the court's own motion, made within one year after a sentence is imposed and before the execution of the sentence is completed, the justice or judge who imposed sentence may reduce that incomplete sentence.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.

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Maine Negotiating and Drafting an Enforceable Jury Waiver Provision