A defendant may in writing waive a jury trial with the consent of the state.
RULE 3.260. WAIVER OF JURY TRIAL
- A defendant can waive their right to a jury trial and instead have a bench trial (trial by judge).
- The waiver must be made in writing.
- A defendant cannot unilaterally waive a jury trial; the State must also consent to the waiver. If the State objects, the trial must be by jury.
- If both parties agree to the waiver, the judge will act as the finder of fact.
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1968 Adoption. This is the same as Federal Rule of Criminal Procedure 23(a). This changes existing law by providing for consent of state.
1972 Amendment. Changes former rule by deleting “the approval of the Court,” thus making trial by judge mandatory where both parties agree. The committee felt that the matter of withdrawal of a waiver was a matter within the inherent discretion of the trial judge and that no rule is required.