Comment
    RCW 10.46.070 is superseded in part by all of CrR 6.

                          RULE 6.1
               TRIAL BY JURY OR BY THE COURT

    (a) Trial by Jury. Cases required to be tried by jury shall be so tried
unless the defendant files a written waiver of a jury trial, and has
consent of the court.
    (b) Number of Jurors. Unless otherwise provided by these rules, the
number of persons serving on a jury shall be 12, not including alternates.
If prior to trial on a noncapital case all defendants so elect, the case
shall be tried by a jury of not less than six, or by the court.
    (c) Juror Unable To Continue. If a case has not yet been submitted to
the jury and a juror is unable to continue and no alternate jurors were
selected or none are available, or if a case has been submitted to the jury
and a juror is unable to continue, all defendants may elect to continue
with the remaining jurors. The court shall declare a mistrial for any
defendant who does not elect to continue with the remaining jurors. If
some, but not all, defendants elect to continue with the trial, the court
shall proceed with the trial for those defendants unless the court
determines manifest necessity requires a mistrial.
    (d) Trial Without Jury. In a case tried without a jury, the court shall
enter findings of fact and conclusions of law. In giving the decision, the
facts found and the conclusions of law shall be separately stated. The
court shall enter such findings of fact and conclusions of law only upon 5
days' notice of presentation to the parties.

                          Comment
    Supersedes RCW 10.49.020.