Cassidy v. Glossip

Defendant contends that Buie 22 of the Common Pleas Court of Butler County is invalid. That rule provides that a party shall request a jury not later than the third day prior to the date of the commencement of the trial or he shall be deemed to have waived a jury trial.

Section 5 of Article I of the Constitution of Ohio reads, so far as pertinent:

“The right of trial by jury shall be inviolate * *

It is well settled that the foregoing constitutional provision does not prevent a court from giving effect to a waiver of a jury trial by a party who has a right to a jury trial. It has also been held…