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Supreme Court Rules
Section/Rule:
27.01
Subject:
Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Trial by Jury - Waiver
Revised / Effective Date:
July 1, 2022
27.01 MISDEMEANORS OR FELONIES – TRIAL BY JURY – WAIVER
(
a
) All issues of fact in any criminal case shall be tried by a jury to be selected, summoned and returned in the manner prescribed by law, unless trial by jury be waived as provided in this Rule.
(
b
) The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court, whose findings shall have the force and effect of the verdict of a jury. In felony cases
,
such waiver by the defendant shall be entered on the record and made in open court in person or by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval.
(Adopted June 13, 1979, eff. Jan. 1, 1980; Oct. 26, 2021, eff. Jul. 1, 2022.)
Committee Note - 1980
Paragraph (a) is the same as prior Rule
26.01(a)
.
Paragraph (b) is the same as prior Rule
26.01(b)
.
