A. Request For Jurors:
1. Jurors shall be selected under the same terms and conditions as are provided by law for jurors in the district courts. Whenever a calendar has been made up for the trial of cases by jury, the judge of the municipal court shall request separately, in writing, the presiding judges of the district courts of Tulsa and Osage Counties to cause the names of a stated number of jurors deemed sufficient to dispose of the cases on the calendar from each of the two (2) judicial districts, who from their addresses appear to reside within the corporate limits of the city, to be drawn in accordance with the governing statutes of the state for the drawing of jurors, and to be certified as a list by the clerk of the district court to the judge of the municipal court. The proportion of jurors from the judicial district in which the district court of Tulsa County sits and the judicial district in which the district court of Osage County sits shall be in the same proportion as the total population of the city, according to the last decennial census, bears to the total population located in Tulsa County and the total population of the city located in Osage County so that the total number of jurors summonsed shall as nearly as practicable be divided between the two (2) counties in the same percentiles as is the total population of city. (1991 Code § 12-22; amd. 2011 Code)
2. The request shall be made in time for the lists 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 jury docket 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 the jurors for the district court. The judge of the municipal court shall make written request to the chief judges of the district courts for stated numbers of jurors in the proportions required by this section if, after allowance for exemptions, the number originally listed is found to be insufficient. Additional drawing of other names may also 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 the 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 and apportion jurors selected among Tulsa and Osage Counties proportionately. (1991 Code § 12-22)
B. Summons Of Jury:
1. Upon receipt of the jury list, the clerk of the court shall cause a summons substantially in such form as determined by the municipal court to be issued and served upon each person on the list. (1991 Code § 12-23; amd. 2011 Code)
2. Service of such summons shall be made as the judge may prescribe by rule or direct order, either in person upon the juror by the chief of police, or by any member of the police force of the city, 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. (1991 Code § 12-23)
C. Composition Of Jury; Qualifications:
1. A jury in the court shall consist of six (6) jurors, good and lawful men and women, citizens of the city of Skiatook in Tulsa and Osage Counties of the state of Oklahoma, possessing the qualifications of jurors in the district court.
2. Trial of all actions shall be according to the rules of procedure established by law for the district courts of Oklahoma in the trial of misdemeanor criminal actions, except where the municipal code of the state of Oklahoma or the ordinances of city require otherwise. (1991 Code § 12-24)
D. Sitting Together: 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. (1991 Code § 12-25)
E. Decisions Of Judge; Instructions To Jury: 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. (1991 Code § 12-26)
F. Verdict:
1. Rendered: A verdict of the jury may be rendered by the vote of five (5) jurors. (1991 Code § 12-27)
2. Delivery And Recording: 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. (1991 Code § 12-28)
3. Verdict Returned For Lesser Included Offense Or Attempt: The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense. (1991 Code § 12-29)
G. Fees And Mileage For Jurors: Jurors shall receive for their services such amount per day, plus mileage, at such rate, as allowed by statute per mile for each mile necessarily traveled by the most direct route in going to and from the court from their respective places of residence. The claims for such compensation shall show the location of the juror's residence and the route and miles traveled, and must be verified as other claims against the city are verified. Jurors shall be paid out of the general fund of the city. (1991 Code § 12-30; amd. 2011 Code)