Trial By Jury Or By Court

(a) Jury Trial. If the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing or in open court; (2) the prosecuting attorney consents; and (3) the court approves. (b) Jury Size. (1) Felony Cases. In felony cases, a jury consists of twelve qualified jurors unless this rule provides otherwise. (2) Misdemeanor Cases. (A) In Class A misdemeanor cases, a jury consists of six qualified jurors unless the defendant demands a jury of twelve. The defendant's demand must be in writing and filed with the clerk not later than the time set for making pretrial motions. (B) In other misdemeanor cases, a jury consists of six qualified jurors. (c) Stipulation for a Smaller Jury. At any time before verdict, the parties may stipulate in writing or in open court, with the court's approval, that the jury may consist of fewer than twelve persons. (d) Court Trial. In a case tried without a jury, the court must find the defendant guilty or not guilty.