Waiving a Jury Trial

Jury trials are an important part of the American legal system, and parties to lawsuits usually have the opportunity to have their dispute decided by a jury rather than a judge.  Of course, the right to a jury trial needs to be preserved during litigation, but in most lawsuits, a jury trial is available.  Nevertheless, waiving a jury trial in litigation may be advisable in certain circumstances.

Contractual Waivers of Jury Trials

It should first be noted that waiving a jury trial in litigation is possible even before a lawsuit is ever filed.  If parties sign an agreement that any right to a jury trial for a covered dispute is waived, then a court may strike the jury demand and the judge may decide the matter without a jury.  However, there are restrictions to waiving a jury trial in litigation through contractual agreements.  Sometimes, courts may not enforce the waiver if it was part of a large “boilerplate” agreement that was not negotiated effectively between the parties.  In addition, courts may also refuse to enforce the waiver if there was pressure or undue influence on a party when he or she signed the waiver.  However, jury trial waivers that are part of negotiated, arms-length transactions are generally enforceable, and an experienced attorney should know when a jury trial waiver will be effective or when parties can still ask for a jury trial for a given dispute.

Certain Parties May Wish to Waive a Jury Trial

Waiving a jury trial in litigation might be advantageous for some companies.  As a general matter, juries are more likely than judges to allow their feelings and emotions make decisions rather than the facts and law of a case.  In some instances, this is a positive attribute of the judicial system, and the entire jury process was established so that the opinions of everyday people could influence outcomes in litigation.  Nevertheless, juries may be more likely to view companies as having deep pockets and able to pay judgments to people who bring lawsuits against them.  Even if a company is the party filing suit, a jury may be more likely to side with “the little guy” rather than find in a company’s favor.  During a bench trial decided by one judge, the facts and the law of a case will typically be more important than who is involved in a lawsuit.  As a result, companies involved in different types of litigation may try to have a bench trial in front of a judge in order to have the best likelihood at success during the lawsuit.

Case-Specific Determinations About Jury Trials

There are some types of cases during which parties may wish to preserve and assert their right to a jury trial.  For instance, personal injury plaintiffs rarely wish to waive their right to a jury trial.  It is generally believed that a jury of ordinary people will be more persuaded to side with a personal injury plaintiff and award more money than a judge who might be more calculated in his or her decisions.  Of course, sometimes parties may think that a particular judge assigned to the case will be more sympathetic than a jury, but these are rare matters.  In addition, if a case will be complex, the parties may wish to waive their right to a jury trial.  It is possible that in complex cases, a judge will be better able to evaluate all of the facts and apply the facts to the law to arrive at the correct conclusion rather than 12 ordinary people on a jury who may be confused about complicated matters.  Some types of intellectual property lawsuits, and complex commercial matters may be deemed too complex for a jury to properly evaluate, and an experienced attorney should know when a jury trial may be waived in a particular kind of case.

 Waiving Jury Trials Because of COVID-19

Waiving a jury trial can be especially important in the current environment due to the challenges posed by COVID-19.  Many jurisdictions suspended jury trials at the beginning of the pandemic, and the amount of cases tried by juries right now is lower than it was before the pandemic.  This is because it is difficult to assemble the people necessary to hold a jury trial in the present environment due to social distancing guidelines.  In addition, even when jury trials are happening remotely, there are a number of challenges.  Technical challenges make it difficult to hold trials over the internet, and it is difficult for everyone to see exhibits, hear testimony, and participate in the trial process.

As a result of these challenges, parties are either voluntarily waiving jury trials or invoking contractual jury trial waivers, since trials before just a judge are more likely to be scheduled in the present environment.  Even if a trial before a judge takes place virtually, it is usually easier to present to one factfinder than a number of jurors.  There are many factors that should be considered when deciding whether waiving a jury trial because of COVID-19 is appropriate in your situation, so it is important to speak with an experienced trial lawyer on this matter.

The Rothman Law Firm is experienced with all of the issues surrounding waiving a jury trial.  If you are looking for an experienced New York and New Jersey litigation lawyer to handle your trial or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.