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.
Oregon Negotiating and Drafting an Enforceable Jury Waiver Provision
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Hear this out loud PauseWhen a six-person jury is used in Oregon, all six jurors must agree on the verdict. When a twelve-person jury is used in Oregon, typically only ten of the twelve jurors must agree on the verdict (however, a unanimous verdict is required in capital murder cases).
But in 1972, the court held that while the Sixth Amendment requires unanimous jury verdicts for federal criminal trials, such verdicts are not required for state trials. Only two states allowed non-unanimous jury verdicts in criminal cases, Oregon and Louisiana, and Louisiana changed its law effective January 1, 2019.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
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.
Hear this out loud PauseA 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.
Hear this out loud PauseTHE COURT FINDS: Defendant's waiver of a jury trial is intelligent, knowing, and voluntary, and the court accepts that waiver.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
Although the singer Meatloaf has said that ?two out of three ain't bad,? under Wisconsin law, five-sixths of the jurors (10 out of 12 jurors on a 12-person jury)1 must agree on all issues necessary to support a judgment in a civil case.