After the parties appear and the issues have been made up, the matters in controversy may be submitted by them to the justice. If a jury is demanded by either party, the justice shall order a jury to be forthwith summoned and impaneled to try the action.
If from any cause, the justice of the peace is unable to attend the trial at the time fixed, or if a jury is demanded, the justice may adjourn the case for a period not exceeding three (3) days, but shall not make more than two (2) adjournments for that cause.
(a) Either party may obtain a postponement of the cause not exceeding thirty (30) days, on account of the absence of evidence by filing an affidavit like that required in § 16-63-402, subject to such terms as the court may impose. (b) Either party who shall apply for the postponement of a cause shall, if […]
The jury shall be composed of six (6) jurors who shall be qualified as required in the circuit courts. However, a lesser number of jurors may be agreed upon by the parties.
(a) In the formation of a jury, each party shall be entitled to three (3) peremptory challenges, and any deficiencies in the number of jurors summoned, arising from any cause, may be supplied by summoning others in their stead. (b) In all cases before justices of the peace in this state, it shall be a […]
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.
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.
(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 […]
(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 […]
(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 […]
(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.
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 […]
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 […]
