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.
Hawaii Negotiating and Drafting an Enforceable Jury Waiver Provision
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On August 4, 2005, the California Supreme Court in Grafton Partners v. Superior Court (?Grafton?) ruled that pre-dispute contractual jury trial waivers are unenforceable under California law.
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 ...
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.
A defendant cannot be forced to give up or ?waive? the right to a speedy trial. However, it may be in your (or your loved one's) best interest to do so if your attorney cannot locate a crucial witness or needs more time to complete a complex investigation or otherwise develop your defense.
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.
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.
This Standard Clause provides that all parties to the agreement have waived their right to a trial by jury if there is any dispute arising out of or relating to the agreement or the transaction.
(waiver is the intentional relinquishment or abandonment of a known right). (while an appellate court reviews forfeited issues for plain error, it cannot review waived issues at all because a valid waiver leaves no error for the court to correct on appeal).