Arizona Revised Statutes
Ariz. Rev. Stat. § 13-3983 (2026)
Waiver of jury by consent of parties
✓ current as of May 2026
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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).
Phoenix City Prosecutor's Off. v. Ybarra, 182 P.3d 1166 (Ariz. 2008). “” 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). “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). “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). “§ 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). “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). “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). “” 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). “” 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 (Ariz. Ct. App. 2020). “See A.R.S. § 13-3983 (“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. Stelljes (Ariz. Ct. App. 2017). “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 (Ariz. Ct. App. 2017). “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 (Ariz. 2019). “See A.R.S. § 13-3983 (requiring both parties’ consent to waive a jury trial); Phx.”
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