23A-18-1.(Rule 23(a)) Trial by jury unless waived by parties. Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney. Source: SL 1978, ch 178, §230.
23A-18-2.(Rule 23(b)) Number of jurors–Stipulation for smaller jury. Juries shall consist of twelve members but at any time before verdict the parties may stipulate in writing or orally on the record with the approval of the court that the jury shall consist of any number less than twelve. Source: SDC 1939 & Supp 1960, §34.3607; […]
23A-18-3.(Rule 23(c)) Findings of fact in trial without jury. In a case tried without a jury a court shall make a general finding and shall in addition, on request made before submission of the case to the court for decision, find facts specially. Such findings may be oral. If an opinion or memorandum of decision […]
