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.
Colorado Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
In 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.
By asking consumers to waive their right to a jury trial, companies can ensure that any problems or conflicts that arise between the buyer and the seller can be settled outside of court. Oftentimes, these problems are solved through arbitration, or negotiation outside of a court setting.
There are several reasons a criminal defendant would want to waive their right to a jury trial. For instance, if the crime the defendant is accused of is particularly heinous and a reasonable jury might be predisposed to prejudice the client, a bench trial could result in a fairer verdict.
Businesses don't like that. In general, you do not want to give up your right to a jury trial in contracts that you sign. You may be giving up some leverage you have if you get into a dispute with that party. Jury trial waivers may be looked at closely as to their validity.
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.
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 ...
In 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.
Defendants 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.