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Idaho Criminal Rule 23. Trial by Jury or by the Court - Waiver of Jury - Number of Jurors.

(a)  Felony cases. In felony cases issues of fact must be tried by a jury, unless a trial by jury is waived by a written waiver executed by the defendant in open court with the consent of the prosecutor expressed in open court and entered in the minutes. 

    

(b)  Misdemeanor cases. In criminal cases not amounting to a felony, issues of fact must be tried by a jury, unless a trial by jury is waived by the consent of both parties expressed in open court and entered in the minutes. 

    

(c)  Number of jurors. In a felony case the jury shall consist of twelve (12) jurors or any lesser number upon which the party may agree upon the record or in open court. In a misdemeanor case the jury shall consist of six (6) jurors or any lesser number upon which the parties may agree upon the record or in open court. 

    

(Adopted March 28, 1986, effective July 1, 1986.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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