EMCCrR 3.4 TRIAL BY JURY (A) Any case confirmed for jury trial at the readiness hearing shall remain set for a jury trial. On the last regular court day preceding the trial date, the prosecuting authority and defense attorney or defendant, if appearing pro se, shall confirm the jury trial telephonically to the clerk of the court before 3 p.m., or advise that some other disposition has been reached. Failure to confirm the jury trial as required shall be deemed a waiver of the right to a jury trial, cause the jury to be stricken, and the matter set before the bench. If the failure to confirm the jury trial is on behalf of the defendant and the defendant requests that the case be reset before a jury, then the defendant is deemed to have extended the time for trial to the date next scheduled for jury trial. (B) Any case confirmed as a jury trial and not proceeding to a jury trial, whether by entry of a plea or otherwise, shall be subject to terms, including costs for the unused jury, witness fees, and other terms deemed appropriate by the Court. [Adopted effective September 1, 2012]
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