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Waiver of Trial by Jury and Waiver of Special Findings of Fact

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

V.

Defendant(s).

CASE NUMBER

CR-

WAIVER OF TRIAL BY JURY
and
WAIVER OF SPECIAL FINDINGS OF FACT
[F.R.Cr.P. Rule 23(a) and (c)]

The undersigned defendant hereby waives the right to a trial by jury and requests the court to try all charges against him in this case without jury.

The undersigned defendant further waives the right to request any special findings of fact as provided by Rule 23(c) of the Federal Rules of Criminal Procedure.

DATED:

(Signature of Defendant)

The undersigned attorney for the defendant herein represents that prior to the signing of the foregoing waiver, the defendant was fully advised as to the rights of an accused under the Constitution and laws of the United States to a speedy and public trial by jury, and the right to request special findings in a case tried without a jury; and further represents that, in his opinion, the above waiver by the defendant of trial by jury and special findings is voluntarily and understandingly made, and recommends to the court that the waiver be approved.

DATED:

(Attorney for Defendant)

The United States Attorney hereby consents that the case be tried without a jury, and waives the right to request any special findings of fact as provided by Rule 23(c) of the Federal Rules of Criminal Procedure.

United States Attorney

By

(Assistant U. S. Attorney)

DATED:

APPROVED:

DATE

UNITED STATES DISTRICT JUDGE

CR-19 (09/97) WAIVER OF TRIAL BY JURY AND WAIVER OF SPECIAL FINDINGS OF FACT

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What this waiver is and when it’s used

The Waiver of Trial by Jury and Waiver of Special Findings of Fact is a written provision by which parties agree to forego a jury trial and, where applicable, separate written findings of fact. It appears in contracts, settlement agreements, and pleadings to narrow issues, limit evidence scope, and direct the court to decide contested facts. Properly drafted and executed, the waiver clarifies procedure for dispute resolution and can reduce litigation time. Whether notarization, witness signatures, or special language is required depends on governing state law and the forum.

Why include a jury-trial and special-findings waiver

Including a waiver can streamline adjudication by placing factfinding responsibility with a judge, reducing jury-related discovery disputes and focusing dispositive motions. It may shorten timelines and lower costs, but enforceability hinges on clear language, voluntary informed consent, and compatibility with applicable state and federal rules.

Why include a jury-trial and special-findings waiver

Who typically uses this waiver and practical roles

Common users include contracting parties in commercial agreements, litigants in civil disputes, and the attorneys who draft settlement terms.

  • Contracting parties for commercial or consumer agreements where faster dispute resolution is desired.
  • Plaintiffs and defendants in civil litigation who agree to a bench trial to streamline proceedings.
  • Attorneys, mediators, and settlement negotiators seeking predictable judicial rulings without jury unpredictability.

Who must sign and who should review

Signatory

Individuals signing as plaintiffs or defendants must have legal capacity and sign knowingly; mismatched or informal names increase the risk of collateral attacks and may render the waiver unenforceable if the court finds coercion or lack of understanding.

Attorney

Counsel should document advice and obtain written client consent, include clear waiver language in settlement drafts, and preserve contemporaneous records showing the client understood the waiver to defend enforceability.

Step-by-step: prepare, execute, and preserve the waiver

Follow these steps to prepare and execute a valid Waiver of Trial by Jury and Waiver of Special Findings of Fact in contracts or pleadings.

  • 01
    Draft: Use clear, unambiguous waiver language.
  • 02
    Counsel Review: Document client advice and written consent.
  • 03
    Execute: Have all parties sign and date in ink or electronically per law.
  • 04
    File: Attach to pleadings or settlement documents and serve opposing parties as required.

How to set up a compliant signing workflow

Configure your signing and storage workflow to match the waiver's legal and evidentiary requirements.

Workflow Field and Configuration Settings Field Name | Configuration or Value
Primary Signature Method and Authentication E-signature (ESIGN) or wet signature if state law requires additional formality
Notary or Witness Procedure Required Add notarization step or witness attestation where state rules mandate it
Document Format and Audit Trail Options Use PDF with embedded audit trail, timestamps, and signer metadata
Storage Location and Retention Policy Secure cloud storage with retention set per federal and state rules

Routing and handling of the executed waiver

Steps below show common routing for execution, notarization (if required), filing, and secure storage of the signed waiver.

  • Upload: Convert the final waiver to PDF and upload to the case file or contract repository.
  • Sign: Obtain signatures; use electronic signing when permitted by law and documented consent exists.
  • Authenticate: Apply notarization or witness procedures if the jurisdiction or document type requires them.
  • Store: Preserve the executed copy with audit trail, notarial record, and service proof for retention.

Digital and delivery requirements for e-execution

Choose delivery and signing methods that satisfy legal authentication, notarization, and accessibility requirements for the parties.

  • Formats: Accept PDF, Word DOCX, and printable formats
  • Integrations: Integrates with case management and cloud storage systems
  • Authentication: Email, SMS, KBA, or advanced ID verification available

Comparing eSignature pricing and features relevant to legal waivers

Vendor pricing and feature differences affect how you execute, notarize, and retain waivers; the table compares signNow with major alternatives across core criteria.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Security and compliance considerations

Data Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Security Certifications: SOC 2 Type II and ISO 27001 compliance available
Privacy Compliance: GDPR and CCPA compliance frameworks supported
Healthcare Privacy: HIPAA compliant when BAA is executed
Federal Compliance: ESIGN and UETA legal compliance supported
Audit Trail: Detailed timestamps, IP addresses, and action logs

Legal and practical risks of an improper waiver

Enforceability risk: Waiver may be void if coerced
Appeal exposure: Grounds for collateral attack
Sanctions: Court sanctions for bad faith filings
Costs: Potential for increased litigation costs
Malpractice: Counsel risk if consent undocumented
Public policy: Some jurisdictions restrict these waivers

Common drafting and execution mistakes to avoid

  • Using boilerplate language that lacks clear voluntary consent or specific reference to jury trial rights often leads to judicial rejection or narrow construction.
  • Failing to document attorney advice and client acknowledgment increases the risk of later claims that the waiver was involuntary or misunderstood.
  • Omitting signature dates, correct party names, or required notarization or witness attestations can create defects that opponents use to invalidate the waiver.
  • Attempting to waive jury rights for statutory or consumer claims in jurisdictions that limit such waivers can prompt motion practice and delay resolution.

Practical examples illustrating typical outcomes

Two short scenarios show how clear drafting and documented consent influence enforceability and case management outcomes.

Commercial Settlement

A commercial settlement included a narrowly tailored jury waiver referencing specific contractual claims

  • Bench trial chosen to expedite resolution and limit discovery disputes
  • Because counsel documented informed consent, the court accepted the waiver, limited subsequent motions, and issued judgment without a jury, shortening total case time and reducing costs.

Consumer Contract

A service agreement initially used broad waiver language and prompted a motion to strike

  • Court scrutinized voluntariness and consumer-protection implications
  • After redrafting the clause with explicit consumer consent language and opt-in acknowledgments, the parties obtained judicial approval and preserved the settlement framework.

Drafting and execution best practices to strengthen enforceability

Follow these practical measures to reduce the risk of waiver challenges and to make the record defensible in court.

Draft using plain, specific waiver language for clarity
Draft the waiver in plain, specific language that explicitly references the right to a jury and the waiver of special findings; avoid ambiguous terms and consider a separate clause titled 'Waiver of Trial by Jury' for visibility.
Obtain and document informed client consent thoroughly
Counsel should provide written advisals, obtain a signed client acknowledgment confirming understanding, and retain contemporaneous notes; those records materially support a court's finding that the waiver was knowing and voluntary.
Verify and match applicable jurisdictional rules and requirements
Check state law for restrictions on waivers, witness counts, and notarization; where Remote Online Notarization (RON) is used, follow the state's identity-proofing and recording requirements.
Preserve executed waiver records, notarizations, and audit logs securely
Store executed waivers with notarizations, proof of service, and electronic audit trails in secure storage to support later enforcement and regulatory review.

Frequently asked questions and troubleshooting

Answers to common questions about drafting, signing, notarization, and enforcing a Waiver of Trial by Jury and Waiver of Special Findings of Fact.


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