In any case, whether a misdemeanor or felony, a trial jury may be waived by the consent of the defendant and the state‘s attorney expressed in open court and entered on the minutes of the court. Otherwise, the issues of fact must be tried by the jury.

Terms Used In North Dakota Code 29-16-02

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.