The trial by jury may be waived by the parties, in actions arising on contract, and with the assent of the court in other actions, in the following manner: By the consent of the party appearing, when the other party fails to appear at the trial by himself or attorney. By written consent, in person or by attorney, filed with the clerk. By oral consent, in open court, entered on the journal.
§ 591.Waiver of Jury
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 591 lets parties waive a jury trial in contract actions freely, and in other actions with the court's assent, through the opposing side's default at trial, written consent filed with the clerk, or oral consent entered on the court's journal.
Full Text of § 591
Amendment History
R.L. 1910, § 5016.
Plain-English Summary
Trial by jury can be waived. In actions arising on contract, the parties may waive it on their own; in other actions, waiver also needs the court's assent. Either way, the statute recognizes three ways to do it: by the consent of the party who appears, when the other party fails to appear at trial in person or by attorney; by written consent, given in person or by attorney and filed with the clerk; or by oral consent, given in open court and entered on the journal.
Frequently Asked Questions
Can the parties give up their right to a jury trial in an Oklahoma civil case?
Yes. Section 591 lets the parties waive trial by jury, freely in contract actions and with the court's assent in other actions.
Does waiving a jury trial always require the judge's approval?
No. In actions arising on contract, the parties can waive it themselves; in other actions, the court's assent is also required.
What are the three ways to waive a jury trial under this section?
By the appearing party's consent when the other side defaults at trial, by written consent filed with the clerk, or by oral consent entered on the court's journal.
What happens if one side just doesn't show up for trial?
The party who does appear can consent to waiving the jury, and that consent alone counts as a waiver under the statute.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: waiving jury trial oklahomaconsent to bench trial oklahoma12 O.S. § 591ways to waive a jury