K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3404 (2026)

Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial

✓ current as of May 2026
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22-3404. Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial. (1) The trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant.

(2) A jury in a misdemeanor case shall consist of six members.

(3) Trials in the municipal court of a city shall be to the court.

(4) Except as otherwise provided by law, the rules and procedures applicable to jury trials in felony cases shall apply to jury trials in misdemeanor cases.

(5) The trial of cigarette or tobacco infraction or traffic infraction cases shall be to the court.

History: L. 1970, ch. 129, § 22-3404; L. 1976, ch. 163, § 19; L. 1977, ch. 112, § 8; L. 1981, ch. 154, § 1; L. 1984, ch. 39, § 40; L. 1989, ch. 100, § 1; L. 1990, ch. 109, § 1; L. 1996, ch. 214, § 32; L. 1998, ch. 192, § 4; May 28.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1984–2022 · leading case: State v. Frye, 277 P.3d 1091 (Kan. 2012).
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State v. Frye, 277 P.3d 1091 (Kan. 2012). “22-3404(1) provides that “[t]he trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel.”
State v. Woolverton, 371 P.3d 941 (Kan. Ct. App. 2016). · cites it 2× “K.S.A. 22-3404(1) provides that “[t]he trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given .”
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016). “Kansas provides that “[t]he trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant[,]” Kan. Stat. Ann. § 22-3404 (1), and classifies first offense as a misdemeanor punishable by up to a six months in prison, Kan.”
City of Wichita v. Rice, 889 P.2d 789 (Kan. Ct. App. 1995). · cites it 15× “Leaving that language of K.S.A. 1993 Supp. 22-3404(1) unchanged did not disclose an intent to preserve jury trials in traffic infraction cases; otherwise, K.”
City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985). · cites it 2× “22-3609(4) also appears in K.S.A. 22-3404, the Code of Criminal Procedure section prescribing the method of trial of misdemeanor cases ( State v.”
State v. Chapman, 814 P.2d 449 (Kan. Ct. App. 1991). · cites it 2× “K.S.A. 1989 Supp. 22-3404(1), effective at the time of the offense, provided: “The trial of misdemeanor and traffic infraction cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial…”
State v. Bell, 899 P.2d 1000 (Kan. 1995). “The single issue raised by defendant in the Court of Appeals was whether his request for jury trial was timely under K.S.A. 1993 Supp. 22-3404. The statute provides in pertinent part: “(1) The trial of misdemeanor and traffic offense cases shall be to the court unless a jury…”
State v. Marino, 929 P.2d 173 (Kan. Ct. App. 1996). · cites it 2× “22-3404(1) requires that trial of misdemeanor offenses shall be made to the court unless a defendant requests a trial by jury “not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel.” In the matter now under…”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “22-2601 (providing that district courts have exclusive jurisdiction to try all felony cases and other criminal cases 18 arising under the statute, except as explicitly provided in the municipal court procedure code); K.S.A. 22-3404 (indicating that misdemeanor trials in…”
State v. Bell, 884 P.2d 1164 (Kan. Ct. App. 1994). · cites it 4× “He contends that the trial court misinterpreted K.S.A. 1993 Supp. 22-3404 by holding his request for a jury trial was untimely.”
State v. Duncan, 242 P.3d 1271 (Kan. Ct. App. 2010). · cites it 2× “08; (2) his constitutional right to a jury trial was violated because he was never informed of or waived his right to a jury trial; (3) K.S.A. 22-3404 should be stricken as unconstitutional because it unlawfully restricts the time period within which persons charged with…”
State v. Roland, 807 P.2d 705 (Kan. Ct. App. 1991). “22-3403(2) provides: “A jury in a felony case shall consist of twelve members.”
Show all 22 citing cases →
— K.S.A. § 22-3404(1) — 14 cases
State v. Frye, 277 P.3d 1091 (Kan. 2012). “22-3404(1) provides that “[t]he trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel.”
State v. Woolverton, 371 P.3d 941 (Kan. Ct. App. 2016). “K.S.A. 22-3404(1) provides that “[t]he trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given .”
State v. Marino, 929 P.2d 173 (Kan. Ct. App. 1996). “22-3404(1) requires that trial of misdemeanor offenses shall be made to the court unless a defendant requests a trial by jury “not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel.” In the matter now under…”
State v. Jones, 879 P.2d 1141 (Kan. Ct. App. 1994).
State v. Dickson, 680 P.2d 313 (Kan. Ct. App. 1984).
— K.S.A. § 22-3404(4) — 2 cases
State v. Roland, 807 P.2d 705 (Kan. Ct. App. 1991). “22-3403(2) provides: “A jury in a felony case shall consist of twelve members.”
City of Wichita v. Rice, 889 P.2d 789 (Kan. Ct. App. 1995). “Leaving that language of K.S.A. 1993 Supp. 22-3404(1) unchanged did not disclose an intent to preserve jury trials in traffic infraction cases; otherwise, K.”
— K.S.A. § 22-3404(5) — 2 cases
City of Wichita v. Rice, 889 P.2d 789 (Kan. Ct. App. 1995). “Leaving that language of K.S.A. 1993 Supp. 22-3404(1) unchanged did not disclose an intent to preserve jury trials in traffic infraction cases; otherwise, K.”
State v. Chapman, 814 P.2d 449 (Kan. Ct. App. 1991). “K.S.A. 1989 Supp. 22-3404(1), effective at the time of the offense, provided: “The trial of misdemeanor and traffic infraction cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial…”
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