Rule 6.130.Waiver of Jury Trial in Civil Cases
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 6.130
Plain-English Summary
The rule fixes a moment. No waiver of trial by jury in a civil case in circuit court is deemed to have occurred unless the parties notify the court of the waiver before 5:00 p.m. on the last judicial day before trial. Until that notice arrives, the case is still a jury case no matter what the parties have agreed between themselves.
After the hour passes, the parties lose the ability to waive on their own. A jury trial may not be waived thereafter without the consent of the court, which turns a decision the parties controlled into one the judge controls.
Late notice can cost money. Failing to notify the court of a waiver in time, before the day of trial, may result in the judge assessing the per diem fee and mileage costs of bringing in the jury panel for that trial on one or both parties.
The practical point is timing. The cutoff falls the evening before trial, not the morning of, and for a Monday trial the last judicial day is usually the preceding Friday. Decide early and file or call the same day the decision is made.
Frequently Asked Questions
When do we have to tell the court we are giving up the jury?
Before 5:00 p.m. on the last judicial day before trial. A waiver communicated after that hour is not deemed to have occurred under the rule.
Can we waive the jury on the morning of trial?
Only with the court's consent. Once the cutoff has passed, a jury trial may not be waived without the court agreeing to it.
What does a late jury waiver cost?
The judge may assess the per diem fee and mileage costs of bringing in the jury panel for that trial. The assessment can fall on one party or both, and the rule says may rather than must.
Can one side waive the jury alone?
The rule is written in terms of the parties notifying the court of a waiver, so it contemplates a joint step rather than a unilateral one. One party's change of heart does not start the clock this rule describes.
What is the last judicial day before trial?
The rule does not define it. It turns on when the court is open for business, so an intervening weekend or holiday moves the cutoff earlier. For a trial that starts Monday, plan on the preceding Friday.