In a civil lawsuit for breach of contract, the plaintiff submits the initial complaint without requesting a jury trial, and the defendant files a motion for a bench trial. Which of the following is correct regarding the right to a jury trial in this scenario?
The plaintiff has waived the right to a jury trial by not requesting one.
The right to a jury trial is automatically preserved for the plaintiff despite the lack of a request.
Both parties must agree to waive the right to a jury trial for a bench trial to proceed.
The court must decide whether to grant a jury trial based on the complexity of the case.
The plaintiff's failure to request a jury trial results in a waiver of that right. To preserve the right to a jury trial, a party must explicitly request it. Since the plaintiff did not make such a request, the case will proceed as a bench trial.
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