Right to waive trial by jury

La. Code Crim. Proc. art. 780

in effect

780. Right to waive trial by jury A. A defendant charged with an offense other than one punishable by death may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. B.(1) The defendant shall exercise his right to waive trial by jury in accordance with Article I, Section 17 of the Constitution of Louisiana. The waiver shall be by written motion filed in the district court not later than forty-five days prior to the date the case is set for trial. The motion shall be signed by the defendant and shall also be signed by defendant's counsel unless the defendant has waived his right to counsel. (2) If a defendant files a motion pursuant to this Paragraph in a district court with three or more judges who are assigned criminal matters within respective divisions or sections, the case shall be randomly reassigned among the remaining judges who are assigned criminal matters within all divisions or sections immediately following the filing of the motion. (3) Within ten days of service of notice of the defendant filing a written motion to waive the jury, the prosecuting authority may file a written waiver of reassignment, in which case the matter shall not be reassigned. (4) When a defendant waives trial by jury in accordance with this Article and the waiver results in reassignment, the filing of that waiver shall constitute an interruption of the time periods provided in Article 701, and the time periods shall begin to run anew. C. With the consent of the district attorney the defendant may waive trial by jury within forty-five days prior to the commencement of trial. D. A waiver of trial by jury is irrevocable and cannot be withdrawn by the defendant. Amended by Acts 1974, Ex.Sess., No. 24, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1985, No. 801, §1; Acts 2013, No. 343, §1, eff. June 17, 2013; Acts 2026, No. 455, §1, See Act; Acts 2026, No. 541, §1. NOTE: Acts 2026, No. 455, effectiveness was contingent upon a constitutional amendment which was not enacted.

Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=112777Fetched: 10/20/2026