Section 510.190

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 510

Effective - 28 Aug 1983   

  510.190.  Right of trial by jury — waiver. — 1.  The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate.  In particular, any issue as to whether a release, composition, or discharge of plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by 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 by attorney;

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

  (4)  By entering into trial before the court without objection.

  3.  In actions against the state when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

  4.  In actions where an infant or a mentally incapacitated person is a party and where an infant or mentally incapacitated person is represented by a legal representative, trial by jury shall be deemed to be waived under the circumstances set forth in subsection 2.

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(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.