No defendant charged with a capital felony may waive either trial by jury on the issue of guilt or the right to have sentence determined by a jury unless:
Ark. R. Crim. P. 31.4
Arkansas
Criminal Procedure
Criminal Procedure
Rule 1.1 – Title
Rule 1.2 – Scope
Rule 1.3 – Purpose and Construction
Rule 1.4 – Computation of Time
Rule 1.5 – Prosecutions in Name of State
Rule 1.6 – Definitions
Rule 1.7 – Effective Date and Application
Rule 1.8 – Criminal Magistrates
Rule 1.9 – Compliance with Administrative Order 19-Confidential Information
Rule 2.1 – Definitions
Rule 2.2 – Authority to Request Cooperation
Rule 2.3 – Warning To Persons Asked To Appear At A Police Station
Rule 3.1 – Stopping and Detention of Person: Time Limit
Rule 3.2 – Advice as to Reason for Detention
Rule 3.3 – Use of Force
Rule 3.4 – Search for Weapons
Rule 3.5 – Stop of Witness to Crime
Rule 4.1 – Authority to Arrest Without Warrant
Rule 4.2 – Authority to Arrest with Warrant
Rule 4.3 – Arrest Pursuant to Warrant: Possession of Warrant Unnecessary
Rule 4.4 – Procedures on Arrest
Rule 4.5 – Limitations on Questioning
Rule 4.6 – Procedures on Arrest: Prompt Taking to Police Station
Rule 4.7 – Recording Custodial Interrogations
Rule 5.1 – Definitions
Rule 5.2 – Authority to Issue Citations
Rule 5.3 – Form of Citation
Rule 5.4 – Procedure for Issuing Citations
Rule 5.5 – Repealed
Rule 6.1 – Authority To Issue Summons
Rule 6.2 – Form of Summons
Rule 6.3 – Service of Criminal Summons
Rule 7.1 – Arrest with a Warrant: Basis for Issuance of Arrest Warrant
Rule 7.2 – Form of Warrant
Rule 7.3 – Return of Warrant And Summons; Execution After Return
Rule 8.1 – Prompt First Appearance
Rule 8.2 – Appointment of Counsel
Rule 8.3 – Nature of First Appearance
Rule 8.4 – Pretrial Release Inquiry: In What Circumstances Conducted
Rule 8.5 – Pretrial Release Inquiry: When Conducted; Nature of
Rule 8.6 – Time for Filing Formal Charge
Rule 8.7 – Use of Video Conferences in Pretrial Proceedings
Rule 9.1 – Release on Order to Appear or on Defendant’s Own Recognizance
Rule 9.2 – Release on Money Bail
Rule 9.3 – Prohibition of Wrongful Acts Pending Trial
Rule 9.4 – Notice of Penalties
Rule 9.5 – Violations of Conditions of Release
Rule 9.6 – Commission of Felony While Awaiting Trial
Rule 10.1 – Definitions
Rule 10.2 – Permissible Objects of Seizure
Rule 11.1 – Authority to Search and Seize Pursuant to Consent
Rule 11.2 – Persons from Whom Effective Consent May Be Obtained
Rule 11.3 – Search Limited by Scope of Consent
Rule 11.4 – Items Seized: Receipt
Rule 11.5 – Withdrawal or Limitation of Consent
Rule 12.1 – Permissible Purposes
Rule 12.2 – Search of the Person: Permissible Scope
Rule 12.3 – Search of the Person: Search of Body Cavities
Rule 12.4 – Search of Vehicles: Permissible Circumstances
Rule 12.5 – Search of Premises: Permissible Circumstances, Time and Scope
Rule 12.6 – Custodial Taking of Property Pursuant to Arrest; Vehicles
Rule 13.1 – Issuance of Search Warrant
Rule 13.2 – Contents of Search Warrant
Rule 13.3 – Execution of a Search Warrant
Rule 13.4 – Return of a Search Warrant
Rule 13.5 – Execution and Return of Warrants for Documents
Rule 13.6 – Issuance and Execution of Warrants for Illegally Possessed Pictures and Literature
Rule 14.1 – Vehicular Searches
Rule 14.2 – Search of Open Lands
Rule 14.3 – Emergency Searches
Rule 14.4 – Seizure Independent of Search
Rule 15.1 – Custody of Seized Things: Retention by Seizing Officer
Rule 15.2 – Motions for Return or Restoration of Seized Things
Rule 15.3 – Custody of Seized Things: Freshly Stolen Goods; Perishables
Rule 15.4 – Custody of Seized Things: Report of Seizure
Rule 15.5 – Effect on Civil Remedies
Rule 16.1 – Scope of Rule
Rule 16.2 – Motions to Suppress Evidence
Rule 17.1 – Prosecuting Attorney’s Obligations
Rule 17.2 – Prosecuting Attorney’s Performance of Obligations
Rule 17.3 – Material Held by Other Governmental Personnel
Rule 17.4 – Discretionary Disclosures
Rule 17.5 – Matters Not Subject to Disclosure
Rule 18.1 – The Person of the Defendant
Rule 18.2 – Medical and Scientific Reports
Rule 18.3 – Nature of Defense
Rule 19.1 – Investigation Not to Be Impeded
Rule 19.2 – Continuing Duty to Disclose
Rule 19.3 – Custody of Materials
Rule 19.4 – Protective Orders
Rule 19.5 – Excision
Rule 19.6 – In Camera Proceedings
Rule 19.7 – Failure to Comply: Sanctions
Rule 20.1 – General Procedural Requirements: Policy Statement
Rule 20.2 – Setting of Omnibus Hearing
Rule 20.3 – Omnibus Hearing
Rule 20.4 – Pretrial Conference
Rule 21.1 – Joinder of Offenses
Rule 21.2 – Joinder of Defendants
Rule 21.3 – Failure to Join Related Offenses
Rule 22.1 – Timeliness of Motion; Waiver; Double Jeopardy
Rule 22.2 – Severance of Offenses
Rule 22.3 – Severance of Defendants
Rule 22.4 – Failure to Prove Grounds for Joinder of Defendants
Rule 23.1 – Consolidation; Severance of Defendants and Offenses
Rule 24.1 – Scope of Article
Rule 24.2 – Aid of Counsel
Rule 24.3 – Pleading by Defendant
Rule 24.4 – Advice by Court
Rule 24.5 – Determining Voluntariness of Plea
Rule 24.6 – Determining Accuracy of Plea
Rule 24.7 – Record of Proceedings
Rule 24.8 – Pleading to Other Offenses
Rule 25.1 – Propriety of Plea Discussions and Plea Agreements
Rule 25.2 – Relationship Between Defense Counsel and Defendant
Rule 25.3 – Responsibilities of the Trial Judge
Rule 25.4 – Discussions, Agreements, Statements, Pleas and Judgments Not Admissible
Rule 26.1 – Plea Withdrawal
Rule 27.1 – Priorities in Scheduling Criminal Cases
Rule 27.2 – Assignment of Cases
Rule 27.3 – Continuances
Rule 28.1 – Limitations and Consequences
Rule 28.2 – When Time Commences to Run
Rule 28.3 – Excluded Periods
Rule 29.1 – Prosecutor’s Obligations
Rule 30.1 – Absolute Discharge
Rule 30.2 – Waiver
Rule 31.1 – Waiver of Trial by Jury: Assent by Prosecutor
Rule 31.2 – Waiver of Trial by Jury: Personal Request
Rule 31.3 – Waiver of Trial by Jury: Waiver by Counsel or Agent
Rule 31.4 – Waiver of Trial by Jury: Capital Felonies
Rule 31.5 – Discretionary Withdrawal of Waiver
Rule 32.1 – List of Prospective Jurors
Rule 32.2 – Voir Dire Examination
Rule 32.3 – Alternate Jurors
Rule 33.1 – Motions for Directed Verdict
Rule 33.2 – Sentencing and Entry of Judgment
Rule 33.3 – Posttrial Motions
Rule 33.4 – Custody and Restraint of Defendants and Witnesses
Rule 33.5 – Note-Taking by Jurors
Rule 33.6 – Instructions and Verdict Forms
Rule 33.7 – Additional Instructions
Rule 33.8 – Questions by Jurors
Rule 33.9 – Record of Waiver of Right to Testify
Rule 34.1 – Juror Orientation
Rule 35.1 – Judicial Comment on Verdict
Rule 36 – Appeals from District Court to Circuit Court
Rule 37.1 – Scope of Remedy
Rule 37.2 – Commencement of Proceedings; pleadings
Rule 37.3 – Nature of Proceedings; Summary Disposition; Appointment of Counsel; Evidentiary Hearings; Presence of Petitioner
Rule 37.4 – Relief [Reinstated and Revised – See Publisher’s Notes]
Rule 37.5 – Special Rule for Persons Under Sentence of Death
Rule 38.1 – Broadcasting or Publishing by News Media