1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition, or discharge of plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.
2. Parties shall be deemed to have waived trial by jury:
(1) By failing to appear at the trial;
(2) By filing with the clerk written consent in person or by attorney;
(3) By oral consent in court, entered on the minutes;
(4) By entering into trial before the court without objection.
3. In actions against the state when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
4. In actions where an infant or a mentally incapacitated person is a party and where an infant or mentally incapacitated person is represented by a legal representative, trial by jury shall be deemed to be waived under the circumstances set forth in subsection 2.