US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 16-89-123. Order of final arguments

(a) If the case is not submitted without argument, the party having the burden of proof shall have the opening and conclusion of the argument. If, upon the demand of the adverse party, the attorney prosecuting for the state or the attorney for the defense shall refuse to openly and fully state the grounds on […]

§ 16-89-124. Exceptions to decisions of the court

(a) Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights of the party are prejudiced, subject to the restrictions in subsection (b) of this section. (b) The decisions of the court upon challenges to the panel and for cause shall not […]

§ 16-89-125. Deliberation of jury

(a) While the jury is absent, the court may adjourn from time to time as to other business, but it shall be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. (b) When the evidence is concluded, the court shall, on motion […]

§ 16-89-126. Verdict generally

(a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names called by the clerk, and, if they all appear, their foreman must declare their verdict. (b) The jury may render either a general or a special verdict. (c) A general verdict […]

§ 16-89-127. Verdict — Misdemeanor included in felony

When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or intention, the offense, without the circumstances, or with part only, is included in the offense, although that charge may be a felony, and the offense, without the circumstances, a misdemeanor only.

§ 16-89-128. Polling of jury members

Upon a verdict’s being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received.

§ 16-89-130. New trial

(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given. (b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which […]