Rule 23 Jury or Nonjury Trial
Rule Text
(a) Jury Trial. As provided in 5 V.I.C. § 3601, no person shall be denied the right to trial by jury if demanded. If no jury is demanded the case shall be tried by the judge without a jury, except that the court may, on its own motion, order a jury for the trial of any criminal action. If the defendant is entitled to a jury trial, the trial must be by jury unless:
(1) the defendant waives a jury trial in writing and orally in open court;
(2) the government consents; and
(3) the court approves.
(b) Jury Size.
(1) In General. The trial jury in a criminal case shall consist of 12 persons unless the parties consent to a lesser number, as provided in 5 V.I.C. § 3602.
(2) Stipulation for a Smaller Jury. At any time before the verdict, the parties may, with the court’s approval, stipulate in writing that:
(A) the jury may consist of fewer than 12 persons; or
(B) a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for just cause after the trial begins.
(c) Nonjury Trial. In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion.
Effective December 1, 2017 (Promulgation Order 2017-010)