Fed. R. Crim. P. 23 — Jury or Nonjury Trial

Federal Rules of Criminal Procedure

Rule 23 — Jury or Nonjury Trial

Fed. R. Crim. P. 23

SourceFederal Rules of Criminal Procedure

Rule23

TITLE VITRIAL

CitationFed. R. Crim. P. 23

Fed. R. Crim. P. 23 (Jury or Nonjury Trial) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Crim. P. 23.

Text

(a)Jury Trial. If the defendant is entitled to a jury trial, the trial must be by jury unless:

(1)the defendant waives a jury trial in writing;

(2)the government consents; and

(3)the court approves.

(b)Jury Size.

(1)In General. A jury consists of 12 persons unless this rule provides otherwise.

(2)Stipulation for a Smaller Jury. At any time before the verdict, the parties may, with the court’s approval, stipulate in writing that:

(A)the jury may consist of fewer than 12 persons; or

(B)a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins.

(3)Court Order for a Jury of 11. After the jury has retired to deliberate, the court may permit a jury of 11 persons to re- turn a verdict, even without a sti

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(a) Jury Trial. If the defendant is entitled to a jury trial, the
trial must be by jury unless:

(1) the defendant waives a jury trial in writing;
(2) the government consents; and
(3) the court approves.
(b) Jury Size.
(1) In General. A jury consists of 12 persons unless this rule
provides otherwise.
(2) Stipulation for a Smaller Jury. At any time before the
verdict, the parties may, with the court’s approval, stipulate
in writing that:
(A) the jury may consist of fewer than 12 persons; or
(B) a jury of fewer than 12 persons may return a verdict
if the court finds it necessary to excuse a juror for good
cause after the trial begins.
(3) Court Order for a Jury of 11. After the jury has retired
to deliberate, the court may permit a jury of 11 persons to re-
turn a verdict, even without a stipulation by the parties, if the
court finds good cause to excuse a juror.
(c) Nonjury Trial. In a case tried without a jury, the court must
find the defendant guilty or not guilty. If a party requests before
the finding of guilty or not guilty, the court must state its spe-
cific findings of fact in open court or in a written decision or opin-
ion.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Pub. L. 95–78, §2(b), July 30, 1977, 91 Stat. 320, eff. Oct. 1, 1977; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 2002, eff. Dec. 1, 2002.)