VI. TRIAL

217

Rule 23: Trial By Jury.

(a) Right to Jury Trial. In all criminal prosecutions except for small offenses, the defendant is entitled to a jury trial unless waived.

(b) Waiver.

(1) Timing. The defendant may waive a jury trial at any time before the jury is sworn.

(2) Procedures. A waiver of jury trial must:

(A) be in writing;

(B) have the consent of the district attorney general; and

(C) have the approval of the court.

Advisory Commission Comment.

While the state does not have a constitutional right to a trial by jury, this rule requires the consent of the district attorney general to any waiver of the defendant's right. The court must also approve the waiver. This rule is applicable in general sessions court, in the context of a defendant's offer to waive trial by jury.

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