Issue: What does a defendant need to do to establish the validity of a jury waiver clause?
| Area of Law: | Business Organizations & Contracts, Litigation & Procedure |
| Keywords: | Jury waiver clause; Validity; Knowing and voluntary |
| Jurisdiction: | Federal |
| Cited Cases: | 966 F.2d 579; 757 F.2d 752 |
| Cited Statutes: | None |
| Date: | 03/01/2001 |
The burden of showing that a contractual waiver of the Seventh Amendment right to a jury was knowing and voluntary belongs upon the party asserting the waiver. See, e.g., Hulsey v. West, 966 F.2d 579, 581 (10th Cir.1992); Leasing Serv. Corp. v. Crane, 804 F.2d 828, 833 (4th Cir.1986) ("[w]here waiver is claimed under a contract executed before litigation is contemplated, we agree with those courts that have held that the party seeking enforcement of the waiver must prove that consent was both voluntary and informed."). But see K.M.C. Co. v. Irving Trust Co., 757 F.2d 752, 758 (6th Cir.1985) ("[w]e agree that in the context of an express contractual waiver the objecting party should have the burden of demonstrating that its consent to the provisions was not knowing and voluntary.").
[…]