A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure

This article discusses contractual jury waivers, demanding a jury trial and striking a jury demand under the Federal Rules of Civil Procedure, and waiver of the jury waiver defense under the Federal Rules of Civil Procedure. The author contends that the Federal Rules of Civil Procedure require an early pleading of the jury waiver defense in the pretrial stage of litigation; failing to plead the defense risks waiver.