510.190. Right of trial by jury — waiver. — 1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition, or discharge of plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.
2. Parties shall be deemed to have waived trial by jury:
(1) By failing to appear at the trial;
(2) By filing with the clerk written consent in person or by attorney;
(3) By oral consent in court, entered on the minutes;
(4) By entering into trial before the court without objection.
3. In actions against the state when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
4. In actions where an infant or a mentally incapacitated person is a party and where an infant or mentally incapacitated person is represented by a legal representative, trial by jury shall be deemed to be waived under the circumstances set forth in subsection 2.
Notes of Decisions
Malan Realty Investors, Inc. v. Harris, 953 S.W.2d 624 (Mo. 1997).
· cites it 5× “01(b) and section 510.190, RSMo, are exclusive methods of waiving a jury trial, “at least insofar as the facts in this case are concerned.”
Brancato v. Wholesale Tool Co., 950 S.W.2d 551 (Mo. Ct. App. 1997).
· cites it 2× “banc 1983), § 510.190 RSMo 1994, Rule 69.01. A jury trial may be waived by entering into trial before the court without objecting to a trial without a jury.”
Meadowbrook Country Club v. Davis, 421 S.W.2d 769 (Mo. 1967).
· cites it 4× “” Section 510.190 provides in part: “1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate.”
Clark v. Ruark, 529 S.W.3d 878 (Mo. Ct. App. 2017).
· cites it 2× “2d at 773 (stating that the exclusive methods of waiver prescribed by section 510.190 “shall not be changed or enlarged except by the legislature”).”
Durwood v. Dubinsky, 291 S.W.2d 909 (Mo. 1956).
· cites it 4× “In lieu of Section 1099 there was enacted what is *919 now Section 510.190, which, in the parts here material, provides that "The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate.”
Randolph v. Simpson, 500 S.W.2d 289 (Mo. Ct. App. 1973).
· cites it 6× “Section 510.190, subd. 2, RSMo 1969, V.A.”
Jaycox v. Brune, 434 S.W.2d 539 (Mo. 1968).
· cites it 2× “It did not do so, and that concludes that question. (We shall hereafter drop the Roman numerals used by plaintiff.”
Cmty. Fin. Credit Union v. Lind, 344 S.W.3d 875 (Mo. Ct. App. 2011).
· cites it 2× “04 did not Violate Constitutional Right to Jury Trial The Linds argue that their right to a jury trial guaranteed by article I, section 22(a) of the Missouri Constitution and referenced by section 510.190 and Rule 69.01 prevented the trial court from entering a summary judgment…”
Sec. Acceptance Corp v. Hill, 326 S.W.2d 65 (Mo. 1959).
· cites it 3× “On June 12, 1958, the cause came on for trial and the defendant at that time filed a “Demand for Jury Trial” in which he contended that he was entitled to a jury trial pursuant to §§ 10 and 22(a) of Article I of the Constitution of Missouri, and that he had not waived his right…”
In re S____ M____ W____, 485 S.W.2d 158 (Mo. Ct. App. 1972).
· cites it 2× “Section 510.190 V.A.M.S. and Civil Rule 69.”
Mo. Rev. Stat. § 510.190(2): 2 cases
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