Jury trial waiver
A jury trial waiver is an agreement that any court case under the contract will be decided by a judge alone, not a jury.
What it means
A jury trial waiver means that if a dispute ends up in court, the parties give up their right to a jury and a judge decides the facts instead. It only matters for disputes that actually go to court. If the contract requires arbitration, there is no jury anyway.
Businesses often prefer trials before a judge because they see them as more predictable, faster, and less likely to produce very large awards. A party with a sympathetic story, like a small supplier treated unfairly by a large customer, may prefer a jury and gives up something real by waiving it.
Enforceability varies. Many US states and federal courts enforce these waivers if they were made knowingly and voluntarily, which is why they are often printed in bold capitals. A few states, including California and Georgia, generally refuse to enforce jury waivers signed before a dispute arises.
What to watch for
- Check whether the waiver is conspicuous, such as in bold or capital letters, since some courts look for that.
- Confirm whether it is mutual and covers all claims “arising out of or relating to” the contract.
- Look at which state’s law and courts apply, because a few states generally refuse to enforce advance jury waivers.
- See how it fits with any arbitration clause, which would already take the dispute away from a jury.
Example clause
EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
If you end up in court over this contract, a judge rather than a jury will decide the case.