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.
Oklahoma Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
Hear this out loud PauseNonjury or Bench Trial: This is a trial where a jury is waived, and the judge alone decides whether you are guilty or not guilty of the crime with which you have been charged.
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 ...
Hear this out loud PauseIn a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.
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.
Hear this out loud PauseWaiving 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. Juries must be selected, instructed, and waited on during deliberations.
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.
Hear this out loud PauseDefendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty.
The trial by jury may be waived by the parties, in actions arising on contract, and with the assent of the court in other actions, in the following manner: By the consent of the party appearing, when the other party fails to appear at the trial by himself or attorney.