Is waiver of jury trial enforceable in Florida?

In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a fundamental right to a jury trial, waivers of this right are strictly construed.

Can a jury trial be waived?

If one seeks to waive a jury trial, both the defendant and the prosecution must so consent. The defendant himself, not just his attorney, must waive his rights to jury trial. The judge must assure that the defendant’s waiver is done intelligently and expressly. A defendant’s silence as to this issue does not suffice.

What does waiving a jury trial mean?

A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself. This is known as a “bench trial.”

Which party may waive the right to a jury trial?

Under the California Constitution, parties to a civil case can only waive their right to a trial by jury as prescribed by statute. California Code of Civil Procedure § 631 states that, in civil cases, a party may only waive the right to a trial by jury by: (1) failing to appear at the trial, (2) written consent filed …

When can you demand a jury trial?

If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury.

Can defendant demand a jury trial?

In most civil litigation, either party may demand a jury trial, and this demand cannot be vetoed by the other party.

What’s better trial by jury or judge?

Jury trials tend to last longer than non-jury trials, thus raising legal costs. Judges tend to be stricter on legal technicalities and procedures during a jury trial than a non-jury trial.

Why would someone waive their right to a speedy trial?

Many defendants want to enforce their right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to “waive time”—that is, to agree to the proceedings moving slower than state law provides.

How are jury panels selected?

Each district court randomly selects citizens’ names from lists of registered voters and people with drivers licenses who live in that district. The people randomly selected complete a questionnaire to help determine if they are qualified to serve on a jury.

Which is better trial by judge or jury?

The Jurist suggests that a bench trial may be the better option in a high-profile case because the jury pool may be tainted due to news coverage of the crime. In addition, if a case involves complex legal issues, a judge is better able to decipher them than a jury.

What types of cases are defendants guaranteed a jury trial?

The right to trial by jury in a criminal case resides in both Article III, Section 2 of the federal Constitution (“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”) and the Sixth Amendment (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an …

Can a waiver of trial by jury be waived?

A party who fails to serve a demand as required by this rule waives trial by jury. If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion.

When to serve a demand for a jury trial?

If a party has demanded trial by jury for only some of the issues, any other party may serve a demand for trial by jury of any other or all of the issues triable by jury 10 days after service of the demand or such lesser time as the court may order.

Can a court order a trial by jury?

If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion. A demand for trial by jury may not be withdrawn without the consent of the parties.