(a)Right to Jury; Duty of Court in Nonjury Trial. The accused is entitled to a trial by jury only in a circuit court on a plea of not guilty.(b)Waiver of Jury in Circuit Court. If an accused who has pleaded not guilty in a circuit court consents to trial without a jury, the court may, with the concurrence of the Commonwealth’s attorney, try the case without a jury. The court may determine before trial that the accused’s consent was voluntarily and intelligently given, and his consent and the concurrence of the court and the Commonwealth’s attorney must be entered of record.
Va. Sup. Ct. 3A:13
Amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
