§ 69.01 Right of Trial by Jury--Waiver--Agreement for

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 69 > 69.01

69.01. Right of Trial by Jury--Waiver--Agreement for

    (a) Right of Trial by Jury Inviolate. 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 the plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.

    (b) Jury Trial--How Waived. 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.

    (c) Jury Trial by Consent in Actions Against State. In actions against the state, a state agency or a political subdivision of the state, when a statute provides for trial without 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.

    (d) Waiver of Jury Trial by Infants and Incompetents. In actions where an infant or an incompetent person is a party and where an infant or incompetent person is represented by a next friend, guardian ad litem, or guardian appointed by a court of competent jurisdiction, trial by jury shall be deemed to be waived under the circumstances set forth in subdivision (b) of this Rule.