510.190. Right of trial by jury--waiver. - Missouri Statutes

Right of trial by jury--waiver.

510.190. 1. The right of trial by jury as declared by theconstitution or as given by a statute shall be preserved to theparties inviolate. In particular, any issue as to whether arelease, composition, or discharge of plaintiff's original claimwas fraudulently or otherwise wrongfully procured shall be triedby jury unless waived.

2. 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 byattorney;

(3) By oral consent in court, entered on the minutes;

(4) By entering into trial before the court withoutobjection.

3. In actions against the state when a statute provides fortrial without a jury, the court, with the consent of bothparties, may order a trial with a jury whose verdict has the sameeffect as if trial by jury had been a matter of right.

4. In actions where an infant or a mentally incapacitatedperson is a party and where an infant or mentally incapacitatedperson is represented by a legal representative, trial by juryshall be deemed to be waived under the circumstances set forth insubsection 2.

(RSMo 1939 § 1101, A.L. 1943 p. 353 § 98, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 950; 1919 § 1400; 1909 § 1970

(1973) Held that trial by jury cannot be waived by informal statement by counsel that jury would not be required. Randolph v. Simpson (A.), 500 S.W.2d 289.

(1974) Held wife's counterclaim for necessaries was a claim at law and jury trial must be granted. Attebery v. Attebery (A.), 507 S.W.2d 87.