Rule 27 | Misdemeanors or Felonies – Trial

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

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.

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).


(Adopted June 13, 1979, effective January 1, 1980; amended October 26, 2021, effective July 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2023

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.02 | Misdemeanors or Felonies – Order of Trial

The order of trial by jury in felony cases shall be as follows:

(a) The court shall read to the jury panel MAI-CR 4th 400.02.

(b) The voir dire examination shall be conducted.

(c) Before each recess or adjournment of the court, the court shall read to the jury the applicable portion of MAI-CR 4th 400.04.

(d) A qualified jury shall be selected as provided by law and shall be sworn well and truly to try the case.

(e) The court shall read to the jury MAI-CR 4th 400.06, 402.01, and 402.02.

(f) The attorney for the state shall make an opening statement. The attorney for the defendant may make an opening statement or it may be reserved.

(g) The attorney for the state shall offer evidence on behalf of the state.

(h) The attorney for defendant may move for judgment of acquittal.

(i) The attorney for defendant may make an opening statement if it has been reserved.

(j) Evidence may be offered on behalf of defendant.

(k) The parties, respectively, may offer evidence in rebuttal only, unless the court, for good cause shown or believing that the interests of justice will be served thereby, permits the parties to offer evidence upon their original cases.

(l) The attorney for defendant may move for judgment of acquittal.

(m) After conferring with counsel, the court shall instruct the jury in the manner provided by Rule 28.02.

(n) The court shall fix the length of time for the arguments and shall announce same to counsel. The attorney for the state shall make the opening argument, the attorney for defendant shall make an argument, and the attorney for the state shall conclude the argument. Each side may waive its right to argument.

(o) The original of all numbered instructions and all verdict forms shall be handed to the jury for its use during its deliberations and shall be returned to the court and filed at the conclusion of the jury's deliberations.

(p) MAI-CR 4th 412.10 may be given when appropriate, after extended deliberation by the jury.

(q) For second stage proceedings in non-death penalty cases when the jury will assess and declare punishment and the state is not required to prove any additional facts beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.10 through 405.17. 

(r) For second stage proceedings in non-death penalty cases when the jury will assess and declare punishment and the state is required to prove any additional facts beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.01 through 405.17.

(s) For second stage proceedings in non-death penalty cases when the jury will not assess and declare punishment but the state is required to prove an additional fact beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.01 through 405.08.

(t) For second stage proceedings in death penalty cases, the order of those proceedings shall be in accordance with Supplemental Notes on Use applicable to the 414.00 Series in MAI-CR 4th.


(Adopted June 13, 1979, effective January 1, 1980. Amended February 21, 1989, effective January 1, 1990; amended November 22, 2022, effective July 1, 2023.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2023

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.03 | [REPEALED]

[Repealed by order dated November 22, 2022, effective July 1, 2023.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.04 | Misdemeanors or Felonies – Discharge of Joint Defendant – Witness

When two or more persons shall be jointly tried, the court may, upon motion of the prosecuting attorney at any time before the defendants have gone into their defense, order the discharge of any defendant in order that he may be a witness for the state. When there is not sufficient evidence to make a case against a jointly tried codefendant, he shall be discharged at such time as will enable him to testify for his former codefendant at the option of said codefendant. The order of discharge shall be a bar to another prosecution for the same offense.

Committee Note – 1980

This is substantially the same as prior Rule 26.07.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.05 | Misdemeanors or Felonies – Failure of Defendant or Spouse to Testify

(a) If the defendant shall not avail himself or herself of his or her right to testify, or of the testimony of the wife or husband, on the trial in the case, it shall not be construed to affect the innocence or guilt of the accused, nor shall the same raise any presumption of guilt, nor be referred to by any attorney in the case, nor be considered by the court or jury before whom the trial takes place.

(b) If the defendant does not testify, and the defendant so requests, but not otherwise, the court shall instruct the jury in writing as follows:

"Under the law, a defendant has the right not to testify. No presumption of guilt may be raised and no inference of any kind may be drawn from the fact that defendant did not testify."

Committee Note – 1980

This is the same as prior Rule 26.08.


(Adopted June 13, 1979, effective January 1, 1980. Amended November 22, 2022, effective July 1, 2023.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.06 | Misdemeanors or Felonies – Comment by Court on Evidence Prohibited

In the trial of any criminal case the court shall not, in the presence of the jury, sum up or comment on the evidence.

Committee Note – 1980

This is substantially the same as prior Rule 26.09.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.07 | Misdemeanors or Felonies – Motion for Judgment of Acquittal

(a) Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the state is not granted, the defendant may offer evidence without having reserved the right.

(b) Reservation of Decision on Motion. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.

(c) Motion After Discharge of Jury. If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within fifteen days after the return of the verdict or the jury is discharged. On application of the defendant made within fifteen days after the return of the verdict or the discharge of the jury and for good cause shown the court may extend the time for filing or renewing the motion for judgment of acquittal for an additional period not to exceed ten days. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.

Committee Note – 1980

Paragraph (a) is the same as Fed.R.Crim.P. 29(a). Compare: Prior Rule 26.10 and Rule 72.01(a).

Paragraph (b) is new and it is the same as Fed.R.Crim.P. 29(b). Compare: Rule 72.01(b).

Paragraph (c) is new and it is substantially the same as Fed.R.Crim.P. 29(c) except that the time limits have been changed to conform to the time for filing a motion for new trial set out in Rule 29.11.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: March 26, 1996

Most Recently Effective: January 01, 1997

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.08 | Juror Note-Taking

If the court allows juror note-taking, the court shall supply each juror with notebooks and pencils. Jurors shall not have their notes during recesses but may use their notes during deliberations. The court shall collect all juror notes immediately before discharge of the jury. After the jury is discharged, the court shall destroy the notes promptly without permitting their review by the court or any other person. Juror notes shall not be used to impeach a verdict.


(Adopted March 26, 1996, effective January 1, 1997.)

First Adopted: January 28, 2002

Most Recently Effective: January 01, 2003

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.09 | Jury Records

(a) Jury lists maintained by the court in criminal cases shall be presumptively open to the public. The court, upon its own motion or upon motion by any interested person, may order such list closed upon the entry of written findings of specific facts supporting the existence of a compelling reason why the list should be closed.

(b) Jury questionnaires maintained by the court in criminal cases shall not be accessible except to the court and the parties. Upon conclusion of the trial, the questionnaires shall be retained under seal by the court except as required to create the record on appeal or for post-conviction litigation. Information so collected is confidential and shall not be disclosed except on application to the trial court and a showing of good cause.

(c) Any person aggrieved by any order under this Rule 27.09, including interested members of the public, may apply to the court entering the order for reconsideration of the order.


(Adopted January 28, 2002, effective January 1, 2003. Corrected December 20, 2002, effective January 1, 2003.)

First Adopted:

Most Recently Effective:

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.10 to 27.25 | [RESERVED]

27.10 to 27.25 | [Reserved.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1988

Rule 27 | Rules of Criminal Procedure | Misdemeanors or Felonies – Trial

27.26 | [REPEALED]

[Repealed by order dated February 11, 1987, effective January 1, 1988.]