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.
Michigan Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
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.
A bench trial may also be a prudent choice when a defendant's appearance suggests membership in a gang, i.e. numerous tattoos, and gang activity is an issue. Likewise, when the defendant looks like a heavy drug user and sales or possession is an issue, a bench trial may be better than a jury trial.
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous?if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
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.
Bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.
Knowing And Voluntary Test Comes From Criminal Law Context Where Defendant Waives Right To Jury Trial. However, Jury Waivers Are Much Less Intrusive Than Arbitration Or FSC. Arbitration Has No Access To Courts, Limited Discovery, Limited Or No Appellate Relief, And No Jury.
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 ...