Waiver of Right to Trial by Jury

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No. *

County *

Defendant Name *

Charges Pending *

03 REPRESENTATION STATUS

Is the defendant represented by counsel? *

Defense Attorney Name

04 DEFENDANT'S UNDERSTANDING

Defendant acknowledges understanding of each of the following rights being waived:

I have the right to a trial by a jury of twelve (12) of my peers drawn from the community A jury verdict must be unanimous — all twelve jurors must agree to convict or acquit I have the right to participate in jury selection, including exercising challenges to prospective jurors This waiver is made freely, voluntarily, knowingly, and intelligently — I have not been coerced or promised any benefit In a bench trial, the judge alone decides all questions of fact and law — there is no jury Once jury selection begins, this waiver cannot be revoked without leave of court

05 REASONS FOR BENCH TRIAL ELECTION (OPTIONAL)

Defendant's reason for electing bench trial (optional)

06 STATE'S CONSENT & COURT INFORMATION

State's Consent to Bench Trial *

Presiding Judge Name

Prosecutor / ADA Consenting

Date of Filing *

07 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

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BENCH TRIAL IN NC — KEY RULES

Both the defendant AND the State must consent — State cannot be forced into a bench trial under G.S. 15A-1201(b)
Judge is not required to accept the waiver even with both consents
Waiver must be in writing and filed before trial begins
Once jury selection starts, waiver is irrevocable without leave of court
Common uses: complex white-collar cases, multi-count technical cases, legally intricate defenses, or cases where community bias is a concern
Capital cases generally cannot be tried by bench trial alone

STATUTORY REFERENCE

G.S. 15A-1201Waiver of jury trial

U.S. Const. Art. IIIRight to jury trial

N.C. Const. Art. I§ 24 — jury right

State v. Hudson280 N.C. App. 534

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