Art. 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D. A waiver of trial by jury is irrevocable and cannot be withdrawn by the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, eff. August 1, 2026; Acts 2026, No. 541, §1,
eff. August 1, 2026.