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Rule 23 – Trial by jury or court

May 14, 2021 | Criminal Procedure, Wyoming

(a) Trial by jury. –

Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial with the approval of the court and the consent of the state. A waiver of jury shall be made in writing or on the record. There shall be no right to a jury trial, except:

(1) when a statute or ordinance so provides, or
(2) when the offense charged is driving under the influence of alcoholic beverages or controlled substances, or
(3) when the offense charged is one for which the statute or ordinance alleged to have been violated provides for incarceration as a possible punishment.
(b) Number of jurors. –

Juries shall be of 12 for felonies and six for misdemeanors but at any time before verdict the parties may stipulate in writing with the approval of the court that the jury shall consist of any number less than 12 or less than six as the case may be, or that a valid verdict may be returned by a jury of less than 12 or less than six should the court find it necessary to excuse one or more jurors for any just cause after trial commences.

(c) Trial without jury. –

In a case tried without a jury the court shall make a general finding and shall in addition, on request made before the trial begins, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient that the findings of fact appear therein.

Wyo. R. Prac. & P. 23

amended July 22, 1993, effective October 19, 1993; amended and effective November 1, 1993