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.
South Carolina Negotiating and Drafting an Enforceable Jury Waiver Provision
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Juror Oath Please stand and raise your right hand to be sworn: You shall and truly try, and true deliverance make, between the State of South Carolina, and the prisoner at bar, whom you shall have in charge, and a true verdict give, ing to the evidence. SO HELP YOU GOD."
A 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.
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 ...
Jury Trial Waivers Unenforceable. § 22B-10. Contract provisions waiving jury trial unenforceable. Any provision in a contract requiring a party to the contract to waive his right to a jury trial is unconscionable as a matter of law and the provision shall be unenforceable.
But every now and then, a criminal defendant wants to waive (give up) the right to a jury trial. Waiving 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.
When the jury decides a case they reach what is called a verdict. Verdict is a Latin word which means "to speak the truth." In order to reach a verdict in a case, all 12 jurors must agree; there is no majority rule.
We are entitled to jury trials ing to the Constitution. Our courts have found that a waiver to a right to trial by jury must be strictly construed as the right is a substantial right.