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Civil Procedure • Waiver of Jury Trial
CIVPRO#064
Legal Definition
In California, a jury trial may be waived by failing to appear at the trial, by written consent filed with the clerk or judge, by oral consent in open court, by failing to announce that a jury is required when the case is set for trial, or by failing to deposit jury fees as required by law.
Plain English Explanation
In California, a party can waive (or give up) their right to a jury trial through several actions. This means that they may have their case decided by a judge instead of a jury. Here are the ways in which a jury trial may be waived:
(1) Failing to appear at the trial: If a party does not show up for the trial, they effectively waive their right to have a jury decide their case.
(2) Written consent: A party can waive their right to a jury trial by submitting a written agreement to the court, which must be filed with the clerk or judge.
(3) Oral consent in open court: A party can also waive the jury trial verbally during a court session, provided that it is done in front of the judge.
(4) Failing to announce a jury is required: If a party does not indicate that they want a jury trial when the case is set for trial, they may lose that right.
(5) Failing to deposit jury fees: California law requires parties to pay certain fees for a jury trial. If these fees are not paid, the right to a jury trial may be waived.
(1) Failing to appear at the trial: If a party does not show up for the trial, they effectively waive their right to have a jury decide their case.
(2) Written consent: A party can waive their right to a jury trial by submitting a written agreement to the court, which must be filed with the clerk or judge.
(3) Oral consent in open court: A party can also waive the jury trial verbally during a court session, provided that it is done in front of the judge.
(4) Failing to announce a jury is required: If a party does not indicate that they want a jury trial when the case is set for trial, they may lose that right.
(5) Failing to deposit jury fees: California law requires parties to pay certain fees for a jury trial. If these fees are not paid, the right to a jury trial may be waived.
