Sec. 3.
(1) In all criminal cases arising in the courts of this state the defendant may, with the consent of the prosecutor and approval by the court, waive a determination of the facts by a jury and elect to be tried before the court without a jury. Except in cases of minor offenses, the waiver and election by a defendant shall be in writing signed by the defendant and filed in the case and made a part of the record. The waiver and election shall be entitled in the court and case, and in substance as follows: "I, .............., defendant in the above case, hereby voluntarily waive and relinquish my right to a trial by jury and elect to be tried by a judge of the court in which the case may be pending. I fully understand that under the laws of this state I have a constitutional right to a trial by jury."
______________________
Signature of defendant.
(2) Except in cases of minor offenses, the waiver of trial by jury shall be made in open court after the defendant has been arraigned and has had opportunity to consult with legal counsel.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17131 ;-- CL 1948, 763.3 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1988, Act 89, Eff. June 1, 1988
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-III - Chapter III Rights of Persons Accused (763.1...763.11)
Section 763.1 - Rights of Accused; Hearing by Counsel, Defense, Confronting Witnesses.
Section 763.2 - Conviction; Bases.
Section 763.3 - Waiver of Trial by Jury in Criminal Cases.
Section 763.4 - Waiver of Trial by Jury; Jurisdiction of Judge, Procedure.
Section 763.5 - Acquittal on Facts and Merits as Bar to Subsequent Prosecution.
Section 763.8 - Audiovisual Recording of Interrogation.
Section 763.9 - Failure to Record or Preserve Recorded Statement.
Section 763.10 - Requirement as Directive and Not Right Conferred on Individual.