S 320.10 Non-jury trial; when authorized. 1. Except where the indictment charges the crime of murder in the first degree, the defendant, subject to the provisions of subdivision two, may at any time before trial waive a jury trial and consent to a trial without a jury in the superior court in which the indictment is pending. 2. Such waiver must be in writing and must be signed by the defendant in person in open court in the presence of the court, and with the approval of the court. The court must approve the execution and submission of such waiver unless it determines that it is tendered as a stratagem to procure an otherwise impermissible procedural advantage or that the defendant is not fully aware of the consequences of the choice he is making. If the court disapproves the waiver, it must state upon the record its reasons for such disapproval. S 320.20 Non-jury trial; nature and conduct thereof. 1. A non-jury trial of an indictment must be conducted by one judge of the superior court in which the indictment is pending. 2. The court, in addition to determining all questions of law, is the execlusive trier of all issues of fact and must render a verdict. 3. The order of the trial must be as follows: (a) The court must permit the parties to deliver opening addresses in the order provided for a trial by jury pursuant to section 260.30. (b) The order in which evidence must or may be offered by the respective parties is the same as that applicable to a jury trial of an indictment as prescribed in subdivisions five, six and seven of section 260.30. (c) The court must permit the parties to deliver summations in the order provided for a trial by jury pursuant to section 260.30. (d) The court must then consider the case and render a verdict. 4. The provisions governing motion practice and general procedure with respect to a jury trial are, wherever appropriate, applicable to a non-jury trial. 5. Before considering a multiple count indictment for the purpose of rendering a verdict thereon, and before the summations if there be any, the court must designate and state upon the record the counts upon which it will render a verdict and the particular defendant or defendants, if there be more than one, with respect to whom it will render a verdict upon any particular count. In determining what counts, offenses and defendants must be considered by it and covered by its verdict, and the form of the verdict in general, the court must be governed, so far as appropriate and practicable, by the provisions of article three hundred governing the court`s submission of counts and offenses to a jury upon a jury trial. Top of Page
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