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New Jersey Waiver of Criminal Jury Trial Pursuant to Rule 1:8-1(a)

State:
New Jersey
Control #:
NJ-SKU-0980
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PDF
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Waiver of Criminal Jury Trial Pursuant to Rule 1:8-1(a) The New Jersey Waiver of Criminal Jury Trial Pursuant to Rule 1:8-1(a) is a waiver of the right to demand a criminal jury trial in cases where the defendant is charged with an indictable offense. This waiver is available to defendants who wish to have their case heard by a judge instead of a jury. There are three types of waivers: a voluntary waiver, an involuntary waiver, and a waiver by stipulation. A voluntary waiver occurs when the defendant knowingly and willingly waives their right to a jury trial and agrees to have their case heard by a judge. This waiver must be in writing and signed by both the defendant and their attorney. An involuntary waiver occurs when the court determines that a jury trial is not necessary to ensure a fair trial or when the court finds that a jury trial would be too costly or time-consuming. A waiver by stipulation occurs when the parties reach an agreement to waive their right to a jury trial and agree to have their case heard by a judge. This waiver must be in writing and signed by both parties and their respective attorneys. In all cases, the court must approve the waiver and determine that the waiver is voluntary, knowing, and intelligent. The court must also be satisfied that the waiver is not the result of a plea agreement or other form of coercion.

The New Jersey Waiver of Criminal Jury Trial Pursuant to Rule 1:8-1(a) is a waiver of the right to demand a criminal jury trial in cases where the defendant is charged with an indictable offense. This waiver is available to defendants who wish to have their case heard by a judge instead of a jury. There are three types of waivers: a voluntary waiver, an involuntary waiver, and a waiver by stipulation. A voluntary waiver occurs when the defendant knowingly and willingly waives their right to a jury trial and agrees to have their case heard by a judge. This waiver must be in writing and signed by both the defendant and their attorney. An involuntary waiver occurs when the court determines that a jury trial is not necessary to ensure a fair trial or when the court finds that a jury trial would be too costly or time-consuming. A waiver by stipulation occurs when the parties reach an agreement to waive their right to a jury trial and agree to have their case heard by a judge. This waiver must be in writing and signed by both parties and their respective attorneys. In all cases, the court must approve the waiver and determine that the waiver is voluntary, knowing, and intelligent. The court must also be satisfied that the waiver is not the result of a plea agreement or other form of coercion.

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New Jersey Waiver of Criminal Jury Trial Pursuant to Rule 1:8-1(a)