Rule 23 - Trial by Jury or by the Court(a)Trial by Jury. A case required to be tried by jury shall be so tried unless the defendant waives a jury trial with the government's consent and the court's approval. In a misdemeanor case, the defendant's waiver must be in writing or made on the record in open court. In a felony case, the defendant's waiver must be in writing.(b)Number of Jurors. In felony cases, juries shall be of 12 persons. In misdemeanor cases, juries shall be of six persons. But at any time before verdict, the parties may stipulate in writing with the approval of the court that the jury shall consist of fewer persons.(c)Trial Without a Jury. In a case tried without a jury the court shall state, orally or in writing, the elements of each offense charged and find whether the prosecution has proved each element beyond a reasonable doubt. The court shall also state the burden of proof for any defense asserted by the defendant and whether the burden has been met.Adopted by SCO 4 10/4/1959; amended by SCO 98 effective 9/16/1968; amended by SCO 1975 effective 4/15/2022