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MINNESOTA COURT RULES

CIVIL PROCEDURE

Rule 38.Jury Trial of Right

38.01Right Preserved

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.

38.02Waiver

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.)

Advisory Committee Comment - 1993 Amendment

The committee is of the opinion that waiver of the right to a jury trial should not be found from inaction or failure to pay a jury fee. The amendment, coupled with the abolition of the note of issue, should obviate any confusion or inadvertent waiver of the constitutionally protected right to a jury trial. See Schweich v. Ziegler, Inc., 463 N.W.2d 722 (Minn. 1991).

38.03Placing Action on Calendar

Rule 38.03 is repealed, effective January 1, 1992.

Task Force Comment - 1991 Adoption

This amendment to repeal this rule is appropriate because the use of notes of issue filed by the parties will be replaced by the court-initiated scheduling. See proposed Minn. Gen. R. Prac. 111.

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