IN · rules
Ind. Criminal Rule 3.1
Jury Trials: Demand, Notice, and Waiver
Effective January 1, 2024
(A) Felony
A defendant charged with a felony is entitled to a trial by jury unless that right is waived personally, knowingly, voluntarily, and intelligently. In any case involving a felony, the state and
the court must consent to a defendant’s waiver of trial by jury.
(B) Misdemeanor
(1) The defendant may demand a trial by jury by filing a written demand not later than ten
days before the first scheduled trial date. The failure of a defendant to demand a trial by jury
as required by this rule constitutes a waiver of trial by jury unless the defendant has not had
at least fifteen days advance notice of the scheduled trial date, and the defendant has not
been advised of the consequences of the failure to demand a trial by jury.
(2) The court must not grant a demand for a trial by jury filed after the time fixed has elapsed
except upon the written agreement of the state and defendant, which agreement must be
filed with the court and made a part of the record. If such agreement is filed, then the court
may, in its discretion, grant a trial by jury.
(3) The state may not request a jury trial.
Provenance
- Source
- rules.incourts.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-05-2025-01-01
- Content hash
8003f6fc3239aca8b81c419d0d83daafb5b8065a1e794ba023f4a619ce654574
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