Supreme Court Rules - Rule 69 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Trial by Jury: Right of Trial by Jury - Waiver

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Supreme Court Rules

		Section/Rule:	69.01
Subject:	Rule 69 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Trial by Jury	Publication / Adopted Date:
Topic:	Right of Trial by Jury - Waiver - Agreement for	Revised / Effective Date:

69.01. Right of Trial by Jury - Waiver - Agreement for

(a) Right of Trial by Jury Inviolate. The right of trial by jury as declared by the Constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition or discharge of the plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.

(b) Jury Trial - How Waived. Parties shall be deemed to have waived trial by jury:

(1) by failing to appear at the trial;

(2) by filing with the clerk written consent in person or by attorney;

(3) by oral consent in court, entered on the minutes;

(4) by entering into trial before the court without objection.

(c) Jury Trial by Consent in Actions Against State. In actions against the state, a state agency or a political subdivision of the state, when a statute provides for trial without jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

(d) Waiver of Jury Trial by Infants and Incompetents. In actions where an infant or an incompetent person is a party and where an infant or incompetent person is represented by a next friend, guardian ad litem, or guardian appointed by a court of competent jurisdiction, trial by jury shall be deemed to be waived under the circumstances set forth in subdivision (b) of this Rule.

Committee Note - 1959

Paragraph (a) and (b) of this Rule are the same as paragraphs (a) and (b) of Section 98 of the 1943 Code (

Section

510,190

, RSMo

1959). Paragraph (c) is based upon Section 98(c) of the 1943 Code, but is changed to make clear that actions against state agencies and political subdivisions of the state are covered by the Rule. Subdivision (d) is based upon Section 98(d) of the 1943 Code. It is changed by deleting "a legal representative" and, instead, naming those who may be such a representative. See

Section 507.182, RSMo

1959 (H.B. 537, Seventieth General Assembly) and Rule

52.02

Compare:

Rules 38 and 39, Federal Rules of Civil Procedure.