As amended through August 22, 2024
Rule 18.1 - Trial by Jury(a)By Jury. The number of jurors required to try a case and render a verdict is provided by law.(b)Waiver.(1)Generally. The defendant may waive the right to a trial by jury if the State and the court consent. If the State and the court agree, a defendant also may waive the right to have a jury determine aggravation or the penalty in a capital case.(2)Voluntariness. Before accepting a defendant's waiver of a jury trial, the court must address the defendant personally, inform the defendant of the defendant's right to a jury trial, and determine that the defendant's waiver is knowing, voluntary, and intelligent.(3)Form of Waiver. A defendant's waiver of a jury trial must be in writing or on the record in open court.(4)Withdrawal of Waiver. With the court's permission, a defendant may withdraw a waiver of jury trial, but a defendant may not withdraw a waiver after the court begins taking evidence.Added August 31, 2017, effective 1/1/2018.