Rule 23 — Jury or Nonjury Trial

Fed. R. Crim. P. 23

• Source: Federal Rules of Criminal Procedure
• Rule: 23
• TITLE VI: TRIAL
• Citation: 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 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.)