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.
Tennessee Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
Superior Court (?Grafton?) ruled that pre-dispute contractual jury trial waivers are unenforceable under California law.
A bench trial may also be a prudent choice when a defendant's appearance suggests membership in a gang, i.e. numerous tattoos, and gang activity is an issue. Likewise, when the defendant looks like a heavy drug user and sales or possession is an issue, a bench trial may be better than a jury trial.
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.
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.
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 may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel. In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute.? By written consent filed with the clerk or judge.
This Standard Clause provides that all parties to the agreement have waived their right to a trial by jury under Florida law if there is any dispute arising out of or relating to the agreement or the transaction.