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Rule 18.1. Trial by Jury

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VI. Trial
Rule 18. Trial by Jury; Waiver; Selection and Preparation of Jurors (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 18.1
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 Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 18.1, AZ ST RCRP Rule 18.1
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
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