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Current as of January 01, 2023 | Updated by FindLaw Staff
1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition, or discharge of plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.
2. Parties shall be deemed to have waived trial by jury:
(1) By failing to appear at the trial;
(2) By filing with the clerk written consent in person or by attorney;
(3) By oral consent in court, entered on the minutes;
(4) By entering into trial before the court without objection.
3. In actions against the state when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
4. In actions where an infant or a mentally incapacitated person is a party and where an infant or mentally incapacitated person is represented by a legal representative, trial by jury shall be deemed to be waived under the circumstances set forth in subsection 2.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXV. Civil Procedure and Limitations § 510.190. Right of trial by jury--waiver - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxv-civil-procedure-and-limitations/mo-rev-st-510-190/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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