The Texas courts that experiment with jury trials this summer will no longer depend upon the consent of attorneys and litigants to move to trial under a Texas Supreme Court emergency order issued Monday.

And litigators have mixed feelings about the court taking away their ability to consent to a jury trial experiment. For some, being forced into a jury trial experiment—perhaps a remote trial, in-person with precautions, or some hybrid of both—might push them to opt for a bench trial instead.

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