Glossary entry

English term or phrase:

A jury was waived

English answer:

both parties renounced their right to demand a jury trial

Added to glossary by Mohammad Ghaffari
Nov 8, 2017 08:06
6 yrs ago
16 viewers *
English term

A jury was waived

English Law/Patents Law (general)
A jury was waived, and questions of fact and of law were submitted to the Court.

Can you help me with understanding this phrase?

Responses

+5
1 hr
Selected

both parties renounced their right to demand a jury trial

Since you say this is a divorce decree, I think we must be in Texas. Juries are never involved in divorce proceedings in the United Kingdom, and the same is true in most of the United States. There are only eleven states that allow juries in any aspect of divorce litigation, and only in Texas, where jury trial rights are most broadly available in divorce, can juries decide on custody.
http://lawprofessors.typepad.com/family_law/2006/12/case_law...

In criminal cases, the right of a defendant to be tried by a jury is guaranteed by the US Constitution, and the defendant may waive (renounce) that right. But this is not a criminal case.

The phrase you have quoted, "A jury was waived, and questions of fact and of law were submitted to the Court", is routinely included in divorce decrees in Texas, but not, to my knowledge, anywhere else. Here is an example:
http://documents.jdsupra.com/98818dcc-95ce-4dec-904e-71c708b...

The point is that according to the Texas Family Code either party can demand a jury trial: either the petitioner (the spouse filing for divorce) or the respondent (the other spouse):

"Sec. 6.703. JURY. In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage under Section 6.102."
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm

So there is a jury if either party demands it (in practice, this only happens rarely). It follows that in order for there not to be a jury, and for the Court to decide matters of fact in a divorce in Texas, both parties have to waive that right: to choose not to demand a jury. That is what this means: both parties, both spouses, stated that they did not want the case to be heard by a jury.
Peer comment(s):

agree Terry Richards : With the extra context of it being a divorce case, this is probably right.
7 mins
Thanks a lot, Terry. Yes, the context is crucial here (as so often).
agree AllegroTrans
1 hr
Thanks, Chris
agree philgoddard
5 hrs
Thanks, Phil
agree Yvonne Gallagher
8 hrs
Thanks :-)
agree Daryo : context + research, as simple as ...
9 hrs
Yep. Thanks!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Charles, thank you for your detailed, helpful answer!"
+1
6 mins

the defendant waived their right to a trial by jury

In some circumstances, you can do this and just let the judge decide.

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Note added at 1 hr (2017-11-08 09:35:50 GMT)
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Given the extra context, I think Charles has the right answer. It would help if you could confirm the jurisdiction.
Note from asker:
It's a divorce decree, if it helps better.
Why did I write "better"? Sorry :/
Peer comment(s):

neutral Daryo : It is ONE possibility, but not the only one
55 mins
Given the extra context, I think you are right.
neutral AllegroTrans : party in a divorce case would not be called a defendant
2 hrs
No, but that wasn't known when I answered.
agree philgoddard : This was correct before the asker provided the additional context.
6 hrs
Something went wrong...
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