Contract Glossary
Waiver of Jury Trial
Definition
A contractual provision in which the parties voluntarily give up their right to have disputes decided by a jury, agreeing instead to have a judge (bench trial) resolve any litigation arising from the contract. Jury waivers are common in commercial agreements because bench trials are generally faster, more predictable, and less expensive.
In Practice
Your company signs a $500,000 software licensing agreement with a jury waiver clause. Two years later, a dispute arises over performance guarantees. Instead of presenting your case to twelve jurors who may not understand SaaS metrics, uptime calculations, or API rate limits, a judge hears the evidence and decides. The trial takes three days instead of two weeks, costs significantly less, and the decision is based on legal reasoning rather than jury sympathy.
Example Clause
EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Common in these contract types
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Frequently asked questions about waiver of jury trial
In most U.S. jurisdictions, yes — courts generally uphold jury waivers in commercial contracts between sophisticated parties. However, enforceability varies by state. California courts are notably skeptical and may refuse to enforce them. Georgia prohibits pre-dispute jury waivers by statute. Federal courts generally enforce them if the waiver was knowing and voluntary. Always check the governing law jurisdiction.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.