In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.
In actions arising on contract, and by permission of the court in other actions, any party thereto may waive a jury trial by:
(a) failing to appear at the trial;
(b) written consent, by the party or the party's attorney, filed with the court administrator; or
(c) oral consent in open court, entered in the minutes.
Neither the failure to file any document requesting a jury trial nor the failure to pay a jury fee shall be deemed a waiver of the right to a jury trial.
(Amended effective March 1, 1994.)
Rule 38.03 is repealed, effective January 1, 1992.
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