Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3983 (2026)

Waiver of jury by consent of parties

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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A trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.

Notes of Decisions
Cited in 16 cases, 1985–2020 · leading case: Phoenix City Prosecutor's Off. v. Ybarra, 182 P.3d 1166 (Ariz. 2008).
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Phoenix City Prosecutor's Off. v. Ybarra, 182 P.3d 1166 (Ariz. 2008). · cites it 20× “” The prosecutor opposed Landers’ waiver and demanded a jury trial, citing, inter alia, A.R.S. § 13-3983 (2001), which permits waiver of trial by jury only with the consent of both *233 parties expressed in open court and entered on its minutes, and Arizona Rule of Criminal…”
Alejandro v. Harrison, 219 P.3d 231 (Ariz. Ct. App. 2009). · cites it 6× “The State argued below that a trial court cannot accept a guilty plea to fewer than all the counts charged without the State’s consent, citing AR.S. § 13-3983 and Phoenix City Prosecutor’s Office v.”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019). · cites it 2× “A grand jury indicted Crosby under § 13-3623(A)(1) while the dependency proceedings were pending.”
Phoenix City Prosecutor's Off. v. Ybarra, 160 P.3d 695 (Ariz. Ct. App. 2007). · cites it 11× “§ 28-1381(F), which it timely exercised, and, alternatively, (2) the State is required to consent to a defendant’s waiver of a jury trial pursuant to A.R.S. § 13-3983 (2001) and Arizona Rule of Criminal Procedure (“Rule”) 18.”
State ex rel. Dean v. Dolny, 778 P.2d 1193 (Ariz. 1989). · cites it 4× “See also A.R.S. § 13-3983. Although the majority in Moreno only addressed the jury trial issue in response to the dissent, we believe it is necessary, for the sake of clarity, to state specifically that we disapprove of the Moreno court's conclusion that the charge of simple…”
State of Arizona v. Guillermo C. Becerra, 291 P.3d 994 (Ariz. Ct. App. 2013). · cites it 2× “See also A.R.S. § 13-3983. ¶ 14 Becerra argues his convictions must be reversed because nothing in the record demonstrates he knowingly, intelligently, and voluntarily waived his right to a jury trial.”
State v. Poehnelt, 722 P.2d 304 (Ariz. Ct. App. 1985). · cites it 2× “” A.R.S. § 13-3983, as amended, provides: “A trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.”
Phoenix City Prosecutor v. Hon. ybarra/landers (Ariz. 2008). · cites it 21× “” The prosecutor opposed Landers’ waiver and demanded a jury trial, citing, inter alia, A.R.S. § 13-3983 (2001), which permits waiver of trial by jury only with “the 2 consent of both parties expressed in open court and entered on its minutes,” and Arizona Rule of Criminal…”
State v. Moore, No. 1 CA-CR 19-0663 (Ariz. Ct. App. Dec. 17, 2020). · cites it 4× “The court told Moore that having a jury trial was “an absolute right” that he had, and asked whether anyone had forced, threatened, or bribed him to get him to waive his right to a jury trial.”
State v. Stelljes, No. 1 CA-CR 16-0108 (Ariz. Ct. App. June 6, 2017). · cites it 2× “As stated in A.R.S. § 13-3983 (2017), "[a] trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.”
State v. Mack, No. 1 CA-CR 16-0803 (Ariz. Ct. App. Aug. 22, 2017). · cites it 2× “Butrick, 113 Ariz. 563, 565 (1976). In a criminal action, trial by jury may be waived by the consent of both parties expressed in open court and entered on its minutes.”
Crosby-Garbotz v. Hon. fell/state, No. CR-18-0050-PR (Ariz. Feb. 5, 2019). · cites it 2× “The public also has a right to observe the criminal proceedings against Crosby and examine the record, which was not the case in the 13 CROSBY-GARBOTZ V. FELL (STATE) JUSTICE TIMMER, joined by JUSTICES GOULD and LOPEZ, Dissenting dependency proceedings.”
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