No jury trial: Overview, definition, and example
What is no jury trial?
A no jury trial clause—also known as a jury trial waiver—is a part of a contract where both parties agree that if there’s ever a legal dispute, they’ll go to court without a jury. Instead, a judge alone will decide the outcome.
In plain terms, it means both sides are saying, “If we end up in court, we don’t want a jury—we’ll let a judge handle it.”
Why is no jury trial important?
A no jury trial clause helps businesses avoid the time, expense, and unpredictability of jury trials. Jury trials can be long, costly, and more emotional—especially in commercial disputes where the details are complex or technical.
By agreeing to waive a jury, you streamline the legal process. It’s generally faster, more private, and focused on the facts and law, not persuasion or emotion. For small and mid-sized businesses, this can save a lot of time and money in the event of a dispute.
But it’s also a serious decision—because once you waive the right to a jury, you usually can’t get it back later.
Understanding no jury trial through an example
Imagine your business enters into a vendor agreement with a software company. The contract includes a no jury trial clause.
A year later, a dispute arises over whether the software company delivered what was promised. If the issue ends up in court, neither side can request a jury trial—because they already agreed to have the case decided by a judge only.
That might make the process quicker and less expensive, but it also means you won’t be able to argue your case in front of a jury, even if you believe it might work in your favor.
An example of a no jury trial clause
Here’s how this clause might appear in a contract:
“Each party hereby knowingly, voluntarily, and irrevocably waives any right to a trial by jury in any legal action or proceeding arising out of or relating to this Agreement.”
Conclusion
A no jury trial clause is a way to simplify legal disputes by agreeing in advance to have a judge—not a jury—resolve any future issues. It can reduce the time, cost, and uncertainty of litigation, especially for commercial matters.
If you see this clause in a contract, think about whether it fits your situation. It’s not about expecting a dispute—it’s about being smart and prepared if one ever comes up.
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.