Fed. R. Crim. P. 23
Jury or Nonjury Trial
(a) Jury Trial.
If the defendant is entitled to a jury trial, the trial must be by jury unless:
(1)
the defendant waives a jury trial in writing;
(2)
the government consents; and
(3)
the court approves.
(b) Jury Size.
(1)
In General. A jury consists of 12 persons unless this rule provides otherwise.
(2)
Stipulation for a Smaller Jury. At any time before the verdict, the parties may, with the court’s approval, stipulate in writing that:
(A)
the jury may consist of fewer than 12 persons; or
(B)
a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins.
(3)
Court Order for a Jury of 11. After the jury has retired to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror.
(c) Nonjury Trial.
In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion.
(As amended Feb. 28, 1966 , eff. July 1, 1966 ; Pub. L. 95–78, § 2(b) , July 30, 1977 , 91 Stat. 320 ; Apr. 28, 1983 , eff. Aug. 1, 1983 ; Apr. 29, 2002 , eff. Dec. 1, 2002 .)