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.
New Mexico Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
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.
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.
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.
(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).
IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.
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.
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.