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Jury trial clause: Copy, customize, and use instantly

Introduction

A jury trial clause specifies whether disputes under the Agreement will be resolved by a jury or waived in favor of alternative methods like bench trials or arbitration. It provides clarity on the dispute resolution process, helps manage legal costs, and minimizes uncertainty in litigation outcomes.

Below are templates for jury trial clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.

Jury trial waiver clause

This variation waives the right to a jury trial, streamlining dispute resolution through bench trials.

Both parties agree to waive their right to a jury trial for any disputes arising out of or relating to this Agreement. Any litigation will be conducted solely before a judge in a court of competent jurisdiction. This waiver is made knowingly and voluntarily by both parties.

Conditional jury trial clause

This variation permits a jury trial only if alternative dispute resolution methods fail.

Both parties agree to first attempt resolving disputes through mediation or arbitration. If these methods are unsuccessful, either party may elect to pursue a jury trial by providing written notice within [number] days. This clause ensures that a jury trial is used only as a last resort.

Mandatory jury trial clause

This variation explicitly requires that disputes be resolved through a jury trial.

Any disputes arising under this Agreement will be resolved exclusively through a jury trial in a court of competent jurisdiction. Both parties waive any objections to this requirement and agree to bear their respective litigation costs.

Jury trial waiver for specific claims clause

This variation waives the right to a jury trial only for specific types of claims.

Both parties waive their right to a jury trial for claims involving breach of confidentiality, intellectual property disputes, or injunctive relief. All other claims may be resolved through a jury trial, unless otherwise agreed in writing. This waiver is made knowingly and voluntarily by both parties.

Limited jury trial clause

This variation limits jury trials to disputes exceeding a specified monetary threshold.

Both parties agree that disputes under this Agreement will only proceed to a jury trial if the amount in controversy exceeds [amount]. Claims below this threshold will be resolved through bench trials or alternative dispute resolution methods. This clause ensures efficient resolution for smaller disputes.

Opt-in jury trial clause

This variation requires mutual consent before a jury trial can proceed.

Both parties agree that a jury trial will only occur if both parties provide written consent within [number] days of initiating legal proceedings. Absent mutual consent, disputes will be resolved through a bench trial or arbitration. This clause ensures jury trials are used selectively.

Exclusive jury trial jurisdiction clause

This variation specifies the jurisdiction where any jury trial must occur.

Any jury trial arising under this Agreement will be conducted exclusively in the courts of [location], and both parties consent to this jurisdiction. This clause provides certainty and convenience for both parties in managing legal proceedings.

Pre-trial waiver confirmation clause

This variation requires parties to confirm their understanding of the jury trial waiver before legal proceedings.

Both parties acknowledge and confirm their understanding of the jury trial waiver in this Agreement before initiating any legal proceedings. This confirmation must be documented in writing to avoid disputes over the validity of the waiver.

Jury trial retraction clause

This variation allows a previously waived jury trial to be reinstated under specific conditions.

If both parties agree in writing, a previously waived right to a jury trial may be reinstated for specific disputes. The reinstatement must occur within [number] days of the initiation of legal proceedings and is subject to court approval. This clause provides flexibility in dispute resolution.

Mutual jury trial waiver clause

This variation ensures both parties explicitly agree to waive their right to a jury trial.

Both parties mutually agree to waive their right to a jury trial for any disputes arising under or relating to this Agreement. All disputes will be resolved through a bench trial in a court of competent jurisdiction. This waiver is made knowingly, voluntarily, and in consideration of the terms of this Agreement.

Pre-dispute jury trial waiver clause

This variation waives the right to a jury trial before any dispute arises, ensuring clarity upfront.

Both parties agree to waive their right to a jury trial for any potential disputes that may arise under this Agreement. This waiver applies to all claims, whether in contract, tort, or otherwise, and is agreed to as a material condition of this Agreement.

Jury trial waiver acknowledgment clause

This variation requires both parties to acknowledge and affirm their waiver of a jury trial.

Both parties acknowledge that they have read, understood, and voluntarily agreed to waive their right to a jury trial for any disputes arising under this Agreement. This acknowledgment will be reaffirmed in any legal filings or proceedings related to the Agreement.

Partial jury trial waiver clause

This variation waives jury trials only for specific sections of the Agreement.

Both parties agree to waive their right to a jury trial for disputes arising out of Sections [number] through [number] of this Agreement. For all other disputes, either party may request a jury trial, subject to applicable law and procedural requirements.

Jury trial opt-out clause

This variation allows either party to opt out of a jury trial upon written notice.

Either party may opt out of a jury trial for any dispute under this Agreement by providing written notice to the other party within [number] days of filing a legal claim. Absent such notice, disputes will proceed to a jury trial by default. This clause provides flexibility for both parties.

Jury trial waiver for class actions clause

This variation eliminates the option of a jury trial for class action claims.

Both parties agree to waive their right to a jury trial for any claims brought as part of a class action. Such claims will be resolved exclusively through a bench trial or alternative dispute resolution methods, as specified in this Agreement.

Time-limited jury trial request clause

This variation sets a deadline for requesting a jury trial.

Either party may request a jury trial for disputes arising under this Agreement by filing a written request within [number] days of initiating legal proceedings. Failure to request a jury trial within this timeframe will result in the dispute being resolved through a bench trial.

Voluntary jury trial clause

This variation allows a jury trial only if both parties voluntarily agree after a dispute arises.

Both parties agree that a jury trial will only proceed if both parties voluntarily consent in writing after a dispute has arisen. Absent mutual consent, disputes will be resolved through a bench trial. This clause ensures flexibility and cooperation in dispute resolution.

Third-party jury trial waiver clause

This variation includes third-party beneficiaries in the waiver of jury trials.

Both parties agree that any third-party beneficiaries to this Agreement are also bound by the jury trial waiver provision. Disputes involving third-party beneficiaries will be resolved exclusively through a bench trial in accordance with this Agreement.

Conditional jury trial clause with mediation requirement

This variation requires mediation before a jury trial can proceed.

Both parties agree to attempt to resolve all disputes through mediation before proceeding to a jury trial. If mediation fails, either party may request a jury trial by providing written notice within [number] days. This clause ensures efforts are made to resolve disputes amicably before resorting to litigation.

Binding jury trial waiver clause

This variation ensures that the waiver of a jury trial is binding and enforceable.

Both parties agree that the waiver of a jury trial in this Agreement is binding and enforceable in any court of competent jurisdiction. This waiver is a material term of the Agreement and is knowingly and voluntarily made by both parties.

Jury trial waiver for injunctive relief clause

This variation excludes injunctive relief claims from jury trials.

Both parties waive their right to a jury trial for claims involving injunctive or equitable relief. Such claims will be resolved through a bench trial or as directed by the court. This waiver ensures expedited resolution of urgent matters.

Waiver with legal counsel acknowledgment clause

This variation confirms both parties consulted legal counsel before waiving a jury trial.

Both parties acknowledge that they have consulted with legal counsel before agreeing to waive their right to a jury trial. This waiver applies to all disputes arising from this Agreement and is made knowingly and voluntarily with full legal understanding.

Jury trial waiver with arbitration fallback clause

This variation provides for arbitration if the jury trial waiver is deemed unenforceable.

Both parties agree to waive their right to a jury trial for disputes under this Agreement. If this waiver is deemed unenforceable, disputes will be resolved through binding arbitration in accordance with [specific arbitration rules]. The Seller will bear all associated arbitration costs.

This variation requires both parties to consent in writing before a jury trial proceeds.

Both parties agree that no jury trial will proceed without mutual written consent after a dispute arises. In the absence of consent, disputes will be resolved through a bench trial or as otherwise specified in this Agreement.

Specific venue jury trial clause

This variation specifies the venue where jury trials will occur.

Any jury trial arising from this Agreement will be conducted exclusively in the courts of [specific location]. Both parties consent to this venue and waive any objections to jurisdiction or convenience.

Prohibited jury trial clause

This variation explicitly prohibits jury trials for disputes under the Agreement.

Both parties agree that jury trials are prohibited for any disputes arising under this Agreement. Disputes will be resolved through bench trials or alternative dispute resolution methods, as specified herein. This prohibition is a material term of the Agreement.

Jury trial limitation to monetary claims clause

This variation limits jury trials to monetary claims only.

Jury trials will only be permitted for disputes involving monetary claims exceeding [amount]. Non-monetary disputes, including those involving equitable relief, will be resolved through a bench trial. This limitation ensures efficiency in resolving specific types of disputes.

Jury trial waiver in class action participation clause

This variation ensures participants in class actions waive their right to a jury trial.

By entering into this Agreement, both parties waive the right to a jury trial in any claims brought as part of a class action or collective proceeding. Such claims will be resolved exclusively through a bench trial or other agreed dispute resolution method.

Jury trial waiver enforceability clause

This variation reinforces the enforceability of the jury trial waiver clause.

Both parties agree that the jury trial waiver in this Agreement is intended to be fully enforceable under applicable law. If any portion of the waiver is deemed invalid, it will not affect the enforceability of the remaining provisions.

Jurisdiction-specific jury trial waiver clause

This variation ensures the jury trial waiver complies with the laws of a specific jurisdiction.

Both parties agree to waive their right to a jury trial for any disputes arising under this Agreement, subject to the enforceability of such waivers under the laws of [specific jurisdiction]. If the waiver is deemed unenforceable, disputes will be resolved through a bench trial.

Jury trial waiver for counterclaims clause

This variation extends the waiver to counterclaims made during litigation.

Both parties waive their right to a jury trial for any counterclaims asserted during litigation arising out of or related to this Agreement. Counterclaims will be resolved through a bench trial in the court of original jurisdiction.

Non-retroactive jury trial waiver clause

This variation clarifies that the waiver applies only to future disputes.

The parties agree that the jury trial waiver in this Agreement applies only to disputes arising after the execution of this Agreement. Any disputes predating this Agreement will be resolved through applicable legal procedures without the waiver.

Split-dispute jury trial clause

This variation allows jury trials for some issues while bench trials are used for others.

Disputes involving monetary damages will proceed to a jury trial, while all other claims, including equitable relief, will be resolved through a bench trial. Both parties agree to this bifurcated approach to streamline dispute resolution.

Mutual jury trial election clause

This variation permits either party to elect a jury trial under specific conditions.

Either party may elect to proceed with a jury trial for disputes exceeding [amount] by providing written notice within [number] days of filing a claim. If no election is made, disputes will be resolved through a bench trial.

Jury trial waiver for multi-party disputes clause

This variation ensures the waiver applies in cases involving third-party claims.

The parties agree to waive their right to a jury trial in any multi-party disputes involving third-party claims under this Agreement. Such disputes will be resolved through a bench trial or alternative dispute resolution as specified herein.

Temporary jury trial waiver clause

This variation allows a jury trial waiver to be revisited after a specified period.

Both parties agree to waive their right to a jury trial for a period of [number] years from the effective date of this Agreement. After this period, either party may request to reinstate the right to a jury trial upon mutual agreement.

Standard jury trial cost allocation clause

This variation assigns costs for jury trials to the initiating party.

In the event of a jury trial, the initiating party agrees to bear all costs associated with jury selection, court fees, and other expenses. Both parties agree to this allocation as part of their consent to this Agreement.

Waiver for expedited proceedings clause

This variation waives the right to a jury trial to ensure faster resolution of disputes.

Both parties agree to waive their right to a jury trial in favor of expedited bench proceedings to ensure the swift resolution of disputes. This waiver is a material condition of the Agreement and applies to all claims arising hereunder.

Third-party enforcement of jury trial waiver clause

This variation ensures that third-party beneficiaries to the Agreement enforce the waiver.

The parties agree that the jury trial waiver provision in this Agreement extends to any third-party beneficiaries. Any disputes involving third-party beneficiaries will also be resolved through a bench trial in accordance with this waiver.

Bilateral jury trial waiver clause

This variation ensures both parties explicitly waive their right to a jury trial in mutual agreement.

Both parties mutually waive their right to a jury trial for any disputes arising from or related to this Agreement. All disputes will be resolved exclusively through a bench trial in a court of competent jurisdiction. This waiver is made voluntarily and with full understanding of its consequences.

Jury trial waiver for cross-claims clause

This variation extends the waiver to cross-claims filed during litigation.

Both parties agree to waive their right to a jury trial for any cross-claims filed in connection with litigation under this Agreement. Cross-claims will be resolved through a bench trial in accordance with the jurisdiction’s procedural rules.

Juror eligibility limitation clause

This variation ensures jury trials proceed only under specific juror eligibility conditions.

Any jury trial conducted under this Agreement must involve a jury panel that meets the eligibility requirements of [specific jurisdiction]. The Seller will bear any costs associated with juror eligibility verification or challenges.

Reinstatement of jury trial clause

This variation allows the parties to reinstate the right to a jury trial under specific circumstances.

Both parties agree that the waived right to a jury trial may be reinstated upon mutual written consent if circumstances require. This reinstatement must occur within [number] days of initiating legal proceedings.

Unilateral jury trial waiver clause

This variation allows only one party to waive their right to a jury trial.

The Seller waives their right to a jury trial for disputes arising under this Agreement. The Buyer retains the right to a jury trial and may exercise it at their sole discretion. This clause is made in mutual agreement and understanding.

Jury trial waiver for punitive damages clause

This variation limits jury trials to claims that do not involve punitive damages.

Both parties waive their right to a jury trial for claims seeking punitive damages. Any such claims will be resolved through a bench trial to ensure judicial efficiency and cost control.

Default jury trial clause

This variation sets a jury trial as the default resolution method unless otherwise agreed.

In the absence of a mutual written agreement to waive, all disputes under this Agreement will be resolved by a jury trial. Either party may propose alternative dispute resolution methods, subject to mutual consent.

This variation ties the waiver to an agreement on cost-sharing for potential litigation.

Both parties waive their right to a jury trial for disputes under this Agreement and agree to share equally any litigation costs arising from bench trials or alternative dispute resolution. This waiver is made to ensure efficient and equitable dispute resolution.

Jury trial eligibility requirement clause

This variation limits the use of jury trials to specific legal claims or circumstances.

Jury trials will only be permitted for disputes involving claims of [specific type, e.g., breach of fiduciary duty]. All other claims, including those involving equitable relief, will be resolved through a bench trial. Both parties agree to these limitations to streamline litigation.

Notification of jury trial intent clause

This variation requires parties to notify each other of their intent to pursue a jury trial.

Either party may pursue a jury trial for disputes under this Agreement by providing written notice to the other party within [number] days of initiating legal proceedings. Failure to provide such notice will result in disputes being resolved through a bench trial.

Waiver for jury trial delays clause

This variation waives jury trials to avoid delays often associated with jury selection and scheduling.

Both parties agree to waive their right to a jury trial to prevent delays in resolving disputes. All claims will be resolved through a bench trial, ensuring a timely and efficient legal process. This waiver is entered into knowingly and voluntarily.

Jury trial waiver for discovery disputes clause

This variation waives jury trials specifically for disputes arising during discovery.

Both parties waive their right to a jury trial for disputes related to discovery procedures, including document production and interrogatories. Such disputes will be resolved through a bench trial or as directed by the court.

Right to jury trial reinstatement with conditions clause

This variation allows jury trials to be reinstated if specific conditions are met.

Either party may reinstate the right to a jury trial if mutually agreed upon in writing within [number] days of initiating legal proceedings. This clause ensures flexibility while maintaining the original waiver terms.

Waiver of jury trial for pre-contractual claims clause

This variation extends the waiver to claims that arise from actions before the Agreement was signed.

Both parties waive their right to a jury trial for any claims arising from pre-contractual negotiations, representations, or actions. These claims will be resolved through a bench trial in a court of competent jurisdiction.

Jurisdiction-based jury trial clause

This variation allows jury trials only in specified jurisdictions where they are legally or procedurally preferred.

Jury trials will be permitted only in the courts of [specific jurisdiction]. All other disputes will be resolved through a bench trial or alternative methods, as mutually agreed. This clause ensures clarity on where jury trials may apply.

Scope-limited jury trial waiver clause

This variation restricts the waiver to certain aspects of the Agreement while allowing jury trials for others.

Both parties agree to waive their right to a jury trial for disputes arising from Sections [number] through [number] of this Agreement. Claims outside these sections may proceed to a jury trial upon mutual agreement.

Split-resolution jury trial clause

This variation allows specific disputes to proceed with a jury trial while others use alternative methods.

Disputes involving monetary damages exceeding [amount] will proceed to a jury trial, while all other claims, including those seeking equitable relief, will be resolved through a bench trial. This clause ensures appropriate methods are used based on the nature of the dispute.

Reciprocal jury trial waiver clause

This variation ensures the waiver is reciprocal and enforceable equally by both parties.

Both parties agree to reciprocally waive their right to a jury trial for all disputes under this Agreement. This waiver applies equally and is enforceable in any court of competent jurisdiction. Both parties affirm that this waiver is made voluntarily and with full understanding.

Waiver of jury trial for appeals clause

This variation waives jury trials specifically for appellate proceedings.

Both parties waive their right to a jury trial for any appellate proceedings related to disputes under this Agreement. Appeals will be resolved exclusively through bench reviews or alternative processes as specified by the court.

Jury trial waiver for force majeure disputes clause

This variation waives jury trials for disputes involving force majeure events.

Both parties waive their right to a jury trial for disputes arising out of or related to force majeure events under this Agreement. Such claims will be resolved through a bench trial to expedite resolution during unforeseen circumstances.

Multi-agreement jury trial waiver clause

This variation extends the waiver to all related agreements between the parties.

The jury trial waiver in this Agreement extends to any disputes arising under related agreements executed between the parties. All such disputes will be resolved through a bench trial to ensure consistency across agreements.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Last updated 18 Apr 2025