M.D. Fla. Notes Split Re Burden of Proving Waiver of Jury Trial Right Was Knowing and Voluntary

Per Winiarski v. Brown & Brown, Inc., Slip Copy, 2008 WL 1930484 (M.D. Fla. May 01, 2008):

A party may validly waive its Seventh Amendment right to a jury trial so long as the waiver is knowing and voluntary. . .

Plaintiff suggests that the burden is upon the Defendant to prove that the waiver was knowing and voluntary. Although the circuits are split as to which party has the burden of proving whether a contractual jury trial waiver was knowing and voluntary--and the Eleventh Circuit has not spoken on the issue of which party has the burden--the Court need not decide who is put to the task of carrying the burden because there is more than sufficient information to demonstrate that Plaintiff waived her right to jury trial knowingly, voluntarily, and intelligently.


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