§ 16-19-802. Remittitur
If any sum is found in favor of a party, either by verdict of a jury or upon a hearing of the cause before a justice, exceeding the sum for which the justice is authorized to give judgment, the party may remit and release the excess and take judgment for the residue, but shall never […]
§ 16-19-1007. Remedy of claimant of property levied upon
No trial of the right to any property levied upon by a constable or justice of the peace shall be had before the constable. However, this section shall not bar the claimant of the property of his right to bring replevin therefor in the court having jurisdiction to try the action.
§ 16-19-606. Jurors — Oath
The justice of the peace shall administer to each juror an oath well and truly to try the matter in controversy between , plaintiff, and , defendant, and a true verdict give according to the evidence, unless discharged by the justice of the peace.
§ 16-19-607. Jury to hear evidence in a body
After the jury are sworn, they shall sit together and hear the allegations and proofs of the parties, which shall be delivered publicly in their presence.
§ 16-19-608. Witnesses generally
(a) Every person offered as a witness, before any testimony shall be given by him, shall be duly sworn that the evidence he shall give relating to the matter between , plaintiff, and , defendant, shall be the truth, the whole truth, and nothing but the truth. (b) If a witness, on being produced, shall […]
§ 16-19-609. Examination of adversary — Effect of refusal to submit to examination — Application on appeal
(a) Either party may examine the other on oath and for that purpose may cause him to be summoned to attend the trial if he resides in the county or, if he resides out of the county, may file written interrogatories with the court or magistrate before whom the trial is to be had, together […]
§ 16-19-610. Witness and juror attendance and mileage fees
(a) The quorum court of any county may, by a majority vote of the members thereof, fix the fees payable to witnesses and jurors for attendance or service in the justice of the peace court at any sum not to exceed five dollars ($5.00) per day. (b) (1) Witnesses subpoenaed to attend a justice’s court […]
§ 16-19-611. Verdict — Entry on docket
(a) The jurors must all agree to the verdict. (b) When the jurors shall have agreed upon their verdict, they shall deliver the verdict to the justice publicly, who shall enter it on his docket.
§ 16-19-612. Failure of jury to agree — Retrial
Whenever a justice is satisfied that a jury sworn in a cause before him, after having been out a reasonable time, cannot agree on their verdict, he may discharge them and shall immediately issue a new summons for another to appear, at a time therein fixed, not more than three (3) days distant, unless the […]
§ 16-19-613. New trial granted on motion — Exception
A new trial or rehearing may be granted by a justice of the peace, except on trial by jury, upon motion made within ten (10) days after a judgment or final order has been made or rendered. Notice of the motion shall be given to the opposite party. However, no motion for a new trial […]