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.