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A. Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
B. The defendant must be present in person at the trial except as otherwise provided.
C. Two (2) or more persons jointly charged with the same offense may be tried together or separately.
D. If the defendant pleads guilty or is convicted after the trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
E. At the close of trial, judgment may be rendered immediately by the judge who shall cause it to be entered in his docket, or the judge may take his decision or judgment under advisement and render his decision prior or at the next regular court docket.
F. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once. (Prior Code, Secs. 12-26–12-31, 12-36)
A. In all prosecutions for violations of ordinances punishable by fine of more than five hundred dollars ($500.00) or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant. If trial by jury is waived, trial shall be to the court. (Ord. 2012-07, 12-20-2012)
B. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.
C. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (Ord. 1995-11, 9-17-1995)
Notes
| 1 | 1. 11 OS § 27-119. |
A. Whenever a calendar has been made up for the trial of cases by jury, the judge shall request, in writing, the presiding judge of the district court for this judicial district to cause the names of a stated number of jurors, deemed sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the state, and to be certified by the clerk of the district court to the judge of the municipal court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial of the calendar begins. If it is anticipated that the completion of the calendar will require more than two (2) weeks, the request for jurors shall specify the number required for each two (2) week period, as provided by law for the drawing of jurors for the district court. Additional drawing of other names also may be requested by the judge, when necessary, in accordance with the law for such additional drawings in the district court. If, in the future, provisions of the law respecting the drawing of jury lists for the district court are changed, the judge shall take such steps, in requesting jury lists for the court, as are necessary to comply with the state law.
B. Upon receipt of the jury list, the clerk of the court shall cause a summons substantially in the following form to be issued and served upon each person on the list:
STATE OF OKLAHOMA )
) ss:
COUNTY OF OKLAHOMA )
TO , GREETING: you hereby are summoned to appear in the Municipal Court for the City of Harrah, Oklahoma, to be held at on the day of 19 , at the hour of o'clock .M., to serve as a juror in said court, and to continue in such service until discharged by the court.
Hereof fail not, under penalty of law.
Issued under the authority of said court, this day of , 19 .
Clerk of the Municipal Court of the City of Harrah, Oklahoma
C. Service shall be made, as the judge may prescribe by rule or direct by order, either in person upon the juror by the marshal of the court or by any member of the police force of this municipality, or by the clerk of the court, through certified mail, directed to the juror at his address as given in the jury list with request for a personally signed return receipt. In any proceeding wherein service of summons by mail is in issue, evidence of the due mailing of the summons by the clerk or a member of his staff and the presentation of an official postal return receipt purportedly signed by the addressee shall be prima facie evidence that the summons was duly received by the addressee and, therefore that he was properly served therewith.
D. A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the county of Oklahoma, possessing the qualifications of jurors in district court.
E. After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant.
F. A verdict of the jury may be rendered by the vote of five (5) jurors.
G. In all actions tried before a jury, the judge shall determine all questions of law, including questions as to the introduction of evidence, arising during the trial. He also shall instruct the jury as to the law.
H. The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the court. The judge must enter the verdict in the docket or cause it to be so entered.
I. The jury must not be discharged after the case is submitted to it until a verdict is rendered, unless the judge, for good cause, discharges it sooner, in which event the court may proceed again to trial, and so on, until a verdict is rendered. (1986 Code)
A. Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the municipality. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:
1. The name of no more than three (3) witnesses.
2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law.
3. That the testimony of the witnesses is material.
4. That their attendance at the trial is necessary for his proper defense.
The fees of such witnesses shall be paid by the municipality. (1986 Code)
If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence. (Prior Code, Sec. 12-48)
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