(a) Right of Trial by Jury Inviolate. 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 the plaintiff’s original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.
Rule 69.01.Right of Trial by Jury--Waiver--Agreement for.
Part I · Rule 69: Trial by Jury · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRule 69.01 preserves the right to trial by jury, lists four ways a party waives that right, allows parties to consent to a jury trial in actions against the state when a statute calls for a bench trial, and applies the same waiver rules to guardians of infants or incompetents.
Full Text of Rule 69.01
(b) Jury Trial—How Waived. 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.
(c) Jury Trial by Consent in Actions Against State. In actions against the state, a state agency or a political subdivision of the state, when a statute provides for trial without 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.
(d) Waiver of Jury Trial by Infants and Incompetents. In actions where an infant or an incompetent person is a party and where an infant or incompetent person is represented by a next friend, guardian ad litem, or guardian appointed by a court of competent jurisdiction, trial by jury shall be deemed to be waived under the circumstances set forth in subdivision (b) of this Rule.
Official Comment
Paragraphs (a) and (b) of this Rule are the same as paragraphs (a) and (b) of Section 98 of the 1943 Code ( Section 510.190, RSMo 1959). Paragraph (c) is based upon Section 98(c) of the 1943 Code, but is changed to make clear that actions against state agencies and political subdivisions of the state are covered by the Rule. Subdivision (d) is based upon Section 98(d) of the 1943 Code. It is changed by deleting “a legal representative” and, instead, naming those who may be such a representative. See Section 507.182, RSMo 1959 (H.B. 537, Seventieth General Assembly) and Rule 52.02. Compare: Rules 38 and 39, Federal Rules of Civil Procedure.
Plain-English Summary
Rule 69.01 opens by declaring the right to trial by jury inviolate — a right the parties keep unless they give it up in one of the ways the rule spells out. It singles out one issue for special protection: whether a release, composition, or discharge of the plaintiff's original claim was procured fraudulently or otherwise wrongfully must be tried by jury unless waived.
Waiver happens in four ways: failing to appear at trial, filing written consent with the clerk, giving oral consent in court that gets entered on the minutes, or going to trial before the court without objection. Any one of these is enough to give up the jury.
The rule also addresses actions against the state, a state agency, or a political subdivision. Even when a statute calls for a bench trial in such a case, the parties can consent to a jury trial, and the resulting verdict carries the same effect as if a jury trial had been a matter of right from the start. Finally, when an infant or incompetent person is a party and is represented by a next friend, guardian ad litem, or court-appointed guardian, the jury trial right is deemed waived under the same circumstances that apply to any other party under this rule.
Frequently Asked Questions
How can a party waive the right to a jury trial in Missouri?
By failing to appear at trial, by filing written consent with the clerk, by giving oral consent in court entered on the minutes, or by entering into trial before the court without objection.
Does the jury trial right apply to disputes over whether a settlement was fraudulently procured?
Yes, the rule specifically preserves the right to a jury trial on whether a release, composition, or discharge of the plaintiff's original claim was fraudulently or otherwise wrongfully obtained, unless waived.
Can parties agree to a jury trial in a suit against the state even if a statute calls for a bench trial?
Yes, with the consent of both parties, and the resulting verdict has the same effect as if trial by jury had been a matter of right.
Who can waive a jury trial on behalf of a child or an incompetent person?
A next friend, guardian ad litem, or court-appointed guardian representing that person, under the same waiver circumstances that apply to other parties.
What happens if a party doesn't show up for trial at all?
Failing to appear at trial is one of the ways a party is deemed to have waived a jury trial under this rule.
Does going to trial without objecting to a bench trial waive the jury right?
Yes, entering into trial before the court without objection is listed as a form of waiver.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: waiving a jury trialright to trial by juryjury trial in suits against the stateguardian waiving jury trial for a minor