Predispute Jury Trial Waiver

Predispute Jury Trial Waiver

I have seen too many agreements, where the parties, have tried to use Jury waiver provisions. Nevertheless, implementing such laws in California courts might prove to be a challenging endeavor. This is also true in federal courts in California based on diversity jurisdiction.

This is because, California has a robust public policy supporting the right to a trial by jury. California courts will only enforce a jury waiver in specific situations outlined in Section 631 of the California Code of Civil Procedure. The key point is that unless there is a contractual agreement to resolve disputes in a nonjudicial forum, such as arbitration, pre-dispute jury trial waivers will not be upheld in California state and federal courts. So, if from the outset, you want to stay out of jury trial, consider arbitration as your means of dispute resolution.

Are you considering predispute jury trial waivers in your contracts?

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Predispute Jury Trial Waiver