Civil Rules
Rule 38.
Rule 38. Jury
Trial of Right
38.01 Right PreservedIn 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.
38.02 WaiverIn 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).