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In all trials in the Municipal Court as to matters not covered:
1. In this chapter;
2. By the statutes relating to Municipal Criminal Courts; or
3. By rules duly promulgated by the Supreme Court of the state, the procedure applicable in trials of misdemeanors in the District Courts shall apply, to the extent that they can be made effective.
1. Obedience to the orders, rules and judgments made by the Municipal Judge or by the Municipal Court, may be enforced by said Judge, who may fine or imprison for contempt committed while holding Court, or committed against process issued by said Judge, in the same manner and to the same extent, as the District Courts of this state.
2. It shall be an offense to be in contempt, directly or indirectly, of the Municipal Court of the city and of its orders.
1. The defendant must be personally present at the trial in the Municipal Court.
2. If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of the bond, either for hearing, arraignment, trial or judgment, or upon any other occasion when presence in Court or before the magistrate may be lawfully required, the Municipal Judge may direct that fact to be entered upon the Court minutes, thereby declaring the bond to be forfeited. Without advancing Court costs, said Judge shall then cause the forfeiture to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the judgment docket and shall have the full force and effect of a District Court judgment. At such time as the forfeiture is entered upon the District Court judgment docket, the District Court Clerk shall proceed in accordance with the applicable provisions of state statutes.
1. At the close of a trial in the Municipal Court, judgment must be rendered by the Municipal Judge, who shall cause it to be entered in his or her docket.
2. If the judgment of the Municipal Court is of acquittal and the defendant is not to be detained for any other legal cause, said defendant must be discharged at once.
3. If the defendant pleads guilty or is convicted after trial, the Municipal Court must render judgment thereof, fixing the penalty within the limits prescribed by this code of ordinances or other applicable ordinance, and imposing sentence accordingly.
1. If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, in a sum not to exceed $100, including the fees and mileage of witnesses, but not including court costs or LEOTF contributions.
2. Court costs shall be no more than $15 per case, and shall be added on top of any fine; all monies collected shall be deposited in the appropriate municipal fund.
3. For every fine or bond forfeiture of $10 or more collected by the Municipal Court or the Traffic Violations Bureau of the city, the amount required by current state law shall be paid to the Court as a separate penalty assessment (which shall be in addition to all other fines and costs), to be used to reimburse the State Law Enforcement Officers Training Fund (LEOTF); the City Treasurer, or other individual designated by the City Council, shall forward the total reimbursement to the state, as long as required by, and in accordance with, state law.
1. If a defendant who is financially able, refuses or neglects to pay a fine or costs, or both, payment may be enforced by imprisonment, until the same shall be satisfied, at the rate of $25 per day.
2. If the defendant is without means to pay the fine or costs, the Municipal Judge of the city may direct the total amount due to be entered upon the Court minutes and to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the District Court judgment docket and shall have the full force and effect of a District Court judgment. Thereupon, the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.
1. After conviction and sentence of a defendant in the Municipal Court of the city, the Municipal Judge may suspend sentence in accordance with the provisions of, and subject to the conditions and procedures imposed by, applicable provisions of 11 O.S. § 27-123.
2. The Municipal Judge may, in lieu of imprisonment or fines, order the defendant to engage in a term of specified community service, without compensation.
1. Witnesses in any proceeding in the Municipal Court, other than police officers or peace officers, whenever, under the laws of this state, a person may be compelled by order, subpoena or other lawful compulsion to appear as a witness, whether or not testimony or other evidence is actually adduced, the witness shall receive the following:
a. For a witness who appears from another state or foreign country in a criminal proceeding in this state, the amount specified in 22 O.S. § 718;
b. For a witness who appears from this state in a criminal proceeding in another state, the amount specified in 22 O.S. § 722; and
c. For a witness who appears from this state pursuant to an order, subpoena or other lawful means for compelling the appearance of the witness, $10 for each day of attendance, plus reimbursement as prescribed by law for travel expenses at rates not to exceed those prescribed by law for reimbursement for state employees.
(1) In computing mileage allowances for witnesses, parts of a mile shall be rounded to the nearest whole number of miles. Where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed.
(2) No witness shall receive per diem or mileage in more than one case covering the same period of time, or the same travel, and each witness shall be required to make oath that the fees claimed have not been claimed or received in any other case, and no juror while serving as a juror or party to a civil action shall receive compensation as a witness.
2. A defendant seeking to subpoena witnesses must deposit, with the Clerk of the Court, a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned; such deposit shall not be required from an indigent defendant who files an affidavit setting out:
a. The names of no more than three witnesses;
b. That the defendant, by reason of poverty, is unable to provide fees and mileage allowed by law;
c. The testimony of such witnesses is material; and
d. Their attendance at the trial is necessary for proper defense.
3. The fees of witnesses in such cases (subsection 2. above) shall be paid by the city.
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