Jury or Nonjury Trial

U.S Code last checked for updates: Jan 30, 2025

Rule 23.

(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 return 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 specific findings of fact in open court or in a written decision or opinion.

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