Rule 23 - Trial by Jury or by the Court.(a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court. (b)Jury of Less Than Twelve (12). Juries shall be of twelve (12) but at any time before verdict the parties may in open court stipulate in writing with the approval of the court that the jury shall consist of any number less than twelve (12). (c)Trial Without a Jury. In a case tried without a jury the court shall make a general finding and shall in addition on request find the facts specially and state separately the court's conclusions of law thereon. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein.R.I. Super. Ct. R. Crim. P. 23
Amended by Order dated June 22, 2017, effective 9/5/2017.1972 Notes
Subdivision (a) conforms to existing Rhode Island practice, G.L.1956 (1969 Reenactment), § 12-17-3; it differs from the federal rule by expressly requiring that waiver of jury be "in open court" and by not requiring consent of the prosecution.
Subdivision (b) has no parallel in the General Laws. It differs from its federal counterpart by requiring that stipulations under the subdivision be entered into in open court.
Subdivision (c) is basically the same as G.L.1956 (1969 Reenactment), § 12-17-3; it differs from Federal Rule 23 by requiring the court in a non-jury case to state its conclusions of law as well as findings of fact.