The findings of fact may be waived by the several parties to an issue of fact by:

1. (1) failing to appear at the trial;
2. (2) consent in writing filed with the clerk;
3. (3) oral consent in open court entered in the minutes.

History: En. Sec. 1113, C. Civ. Proc. 1895; re-en. Sec. 6765, Rev. C. 1907; re-en. Sec. 9368, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 634; re-en. Sec. 9368, R.C.M. 1935; R.C.M. 1947, 93-5304.