6, 749, 90 S.Ct. at 1469. D. Burdens of Proof to Establish That Prelitigation Contractual Jury Waiver Was Made Knowingly and Voluntarily 1. Presumption against jury waiver; arbitration procedures do not apply Because the right to a jury trial is a constitutional right, the United States Supreme Court has recognized that every reasonable presumption is indulged against the waiver of that right. Aetna Ins. Co. v. Kennedy, 301 U.S. 389, 393, 57 S.Ct. 809, 811-12, 81 L.Ed. 1177 (1937) (“But, as the right of jury trial is fundamental, courts indulge every reasonable presumption against waiver.”); Hodges v. Easton, 106 U.S. 408, 412, 1 S.Ct. 307, 311, 27 L.Ed. 169 (1882) (“It has been often said by this court that the tri the waiver of the constitutional right to trial by a jury, some court (<HOLDING>). Second, with only few exceptions, courts are
holding prelitigation waiver of jury trial must be made knowingly and voluntarily and courts will indulge in every reasonable presumption against a waiver of that right holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights recognizing that courts must indulge every reasonable presumption against a testimonial waiver of the fifth amendment privilege recognizing that courts will indulge in every reasonable presumption against waiver of the constitutional right to trial by a jury