The trial by jury may be waived by the parties in actions arising on contract and with assent of the court in other actions (1) by the consent of the party appearing, when the other party fails to appear at the trial by himself or herself or by attorney, (2) by written consent, in person or by attorney, filed with the clerk, and (3) by oral consent in open court entered upon the record.
§ 25-1126.Jury trial; waiver.
Article 11: Trial · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section lists the ways parties may give up their right to a jury trial in Nebraska civil cases: by the appearing party’s consent when the other side fails to appear, by written consent filed with the clerk, or by oral consent stated in open court and entered on the record.
Full Text of § 25-1126
Source
R.S.1867, Code § 296, p. 444; R.S.1913, § 7864; C.S.1922, § 8809; C.S.1929, § 20-1126; R.S.1943, § 25-1126; Laws 2018, LB193, § 14.
Plain-English Summary
The right to a jury trial belongs to the parties, and section 25-1126 sets out how they can waive it. In actions arising on contract, the parties may waive a jury trial on their own. In other kinds of actions, a waiver also needs the court’s assent — the parties cannot opt out of a jury on their own say-so.
The statute lists three specific ways a waiver can happen. First, if one party fails to appear at trial, either personally or through an attorney, the party who does appear can consent to proceed without a jury. Second, the parties can waive a jury trial by written consent, filed with the clerk, signed in person or by an attorney. Third, they can waive it by oral consent stated in open court and entered upon the record.
Each of these methods creates a clear record that the waiver happened, whether through a filed document, a statement on the record, or the circumstance of one side’s absence. That record matters because a case tried without a jury under this section proceeds as a trial by the court, governed by sections 25-1127 and 25-1128.
Frequently Asked Questions
Can parties in a Nebraska civil case agree to skip a jury trial?
Yes. Section 25-1126 allows the parties to waive a jury trial, though in actions other than those arising on contract, the waiver also requires the court’s assent.
What are the three ways a jury trial can be waived under this section?
By the appearing party’s consent when the other party fails to appear, by written consent filed with the clerk, or by oral consent in open court entered upon the record.
If the other side just does not show up for trial, does that waive their right to a jury?
The party who does appear can consent to proceed without a jury when the other party fails to appear at trial, either personally or by attorney, which is one of the recognized ways of waiving a jury under this section.
Does written consent to waive a jury trial have to be signed by the party personally?
No. The statute allows written consent in person or by attorney, filed with the clerk.
Is oral agreement in the hallway outside the courtroom enough to waive a jury trial?
No. The statute requires oral consent to be given in open court and entered upon the record, not an informal agreement outside that setting.
If a jury trial is waived, what happens next?
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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