Rule 23 Trial by Jury or by the Court

(a) Trial by Jury; Waiver. The defendant may in a signed writing or in open court, with the consent of the prosecuting attorney and the court entered of record, waive a jury trial in offenses not punishable by death. The court shall not accept the defendant’s waiver of the right to trial by jury without first, by addressing the defendant personally in open court, informing that person of, and determining that the person understands, the following:

(1) That the jury consists of 12 members of the community, and that the defendant may participate in their selection;

(2) That before the defendant can be convicted, all 12 members of the jury must agree on the defendant’s guilt;

(3) That where a jury is waived, the court alone decides guilt or innocence in accordance with the facts and the law.

(b) Jury of Less Than Twelve. The parties may stipulate in writing that the jury shall consist of any number less than twelve with the approval of the court.

(c) Trial Without a Jury. In a case tried without a jury the court shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

(d)

(1) Jury Separation; Conduct of Trial. The court may allow the jury to separate during the trial. After the composition of the jury is determined, the court shall proceed without unreasonable delay to the impaneling of the jury, the opening statements and the reception of evidence. Unless the parties consent in a signed writing filed with the court or on the record in open court to a longer delay, trial must commence not more than 48 hours after jury selection in the case of a felony for which the penalty may be life imprisonment or death, and not more than 30 days after jury selection in any other case.

(2) If the commencement of trial is delayed more than 24 hours, the court must provide appropriate instruction to the jurors of their obligation to avoid outside influences that might adversely affect their ability to serve fairly and impartially, and result in their discharge from service at the trial.

(3) If the commencement of trial is delayed more than 24 hours, the court shall afford the parties an opportunity upon request to conduct a supplemental examination of the jurors as provided in Rule 24(a) related to issues arising from the period of separation and may exercise challenges for cause as provided in Rule 24(b) before the jury is sworn.