Oklahoma Statutes
Okla. Stat. tit. 12, § 591 (2026)
Waiver of jury
✓ current as of July 2026
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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. R.L. 1910, § 5016.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1955–2024 · leading case: Dougherty v. State (In re J.L.O.), 428 P.3d 881 (Okla. 2018).
Dougherty v. State (In re J.L.O.), 428 P.3d 881 (Okla. 2018). “Waiver of Jury Trial ¶ 22 Mother charges that, because of her methadone use, she did not knowingly and voluntarily waive her right to a jury trial.”
In re the Termination of Parental Rights, 847 P.2d 768 (Okla. 1993). “The Court of Appeals reversed, finding that Father had indeed been deprived of a jury trial, that the right to jury trial may not be waived except by compliance with 12 O.S.1981 § 591, and that there was no compliance with that statute.”
In the Matter of E.J.T., 2024 OK 14. “24 12 O.S. 2021, §591. Waiver of jury. 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…”
Oliver's Sports Ctr., Inc. v. Nat'l Stand. Ins. Co., 615 P.2d 291 (Okla. 1980). “12 O.S.1971 § 591; First State Bank of Noble v.”
Dean Witter Reynolds, Inc. v. Shear, 796 P.2d 296 (Okla. 1990). “The real questions presented are whether the parties agreed to an intentional voluntary relinquishment of a known right and whether they intended to waive the right to trial by jury, such as is permitted by 12 O.S.1981 § 591 13 or 15 O.S.1981 § 803(A).”
Raines v. Indep. Sch. Dist. No. 6 of Craig Cnty., 796 P.2d 303 (Okla. 1990). “The real questions presented are whether the parties agreed to an intentional relinquishment of a known right and whether they intended voluntarily to waive the right to trial by jury, such as is permitted by 12 O.S.1981 § 591. 54 *318 Oklahoma’s art.”
Seymour v. Swart, 695 P.2d 509 (Okla. 1985). “2 § 19 guarantees her the right to a jury trial, 2 and that 12 O.S. § 591 provides the only means by which a jury trial may be waived.”
In Re the Matter of E.M., 2019 OK CIV APP 30, 442 P.3d 1084. “3d 881, citing 12 O.S. 2011 §591. "Waiver must be competently, knowingly, and intelligently given.”
In Re State Ex Rel. K.W., 2006 OK CIV APP 40, 134 P.3d 911. “2d at 1048 ; 12 O.S. § 591. Accord, In the Matter of S.”
Matter of JT, 1998 OK CIV APP 131, 965 P.2d 1007. “" Title 12 O.S.1991, § 591, states: 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…”
In Re Sb, 2000 OK CIV APP 11, 996 P.2d 493. “2d 187 ; 12 O.S.1991 § 591. A defendant is entitled to vacation of judgment in a case triable to a jury when the trial court erroneously placed the matter on a non-jury trial docket.”
State ex rel. Dep't of Human Servs. v. Trisler, 1998 OK CIV APP 131, 965 P.2d 1007. “” Title 12 O.S.1991, § 591, states: 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…”
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