§ 16-96-101. Procedure generally
The proceedings in circuit courts for the trial of criminal cases, so far as applicable, shall govern the proceedings of the city courts, except as otherwise provided in this subchapter.
The proceedings in circuit courts for the trial of criminal cases, so far as applicable, shall govern the proceedings of the city courts, except as otherwise provided in this subchapter.
Where a judge acts as the clerk of the court, the provisions of this subchapter as to the clerk shall apply to him or her.
The judge of the city court may, by orders entered on its minutes, fix terms for its sessions, to which process shall be returnable, but may hold the court at any time for the transaction of business brought before him or her.
(a) No written information or pleadings are required in prosecutions in which an indictment is not required. (b) No indictment shall be necessary in prosecutions for violations of the bylaws or ordinances of a city or town nor in other prosecutions in city courts.
(a) Upon information given by a peace officer, or by a private person on oath, to the judge or clerk of a court that an offense within the jurisdiction of the court has been committed, the judge or clerk shall issue a summons against the offender. (b) (1) The summons shall command the peace officer […]
Upon information on oath made to the judge of the court, he or she may order a warrant of arrest to be issued, which shall be similar to the summons except in the command to arrest the defendant instead of summon him or her.
The clerk shall issue subpoenas for witnesses at the request of the officers of the city or of the defendant, and the court may compel their attendance in the manner prescribed in the Code of Practice in Civil Cases.
When a person has been arrested and brought before the city court, or the judge thereof, charged with an offense within the jurisdiction of the court, he or she shall be immediately tried or, at the discretion of the judge, held to bail for his or her future appearance for trial, or discharged from custody.
(a) All prosecutions in city courts shall stand for trial immediately, where the defendant is in custody or on bail for the offense charged, or on the day when the defendant has been summoned to appear, but only if the summons was executed within the limits of the court’s jurisdiction one (1) day or, elsewhere, […]
The issues of law and of fact in cases for violations of other than ordinances may be tried by the judge unless the defendant demands a trial by jury, in which case the issues shall be tried by a jury of twelve (12) persons unless the defendant shall consent to be tried by a lesser […]
All trials in the city court for violation of the bylaws or ordinances of any city or incorporated town shall be before the judge without the intervention of a jury, but the defendant, upon appeal, shall have the right to a trial by jury in the circuit court.
The court may, for good cause, grant continuances or postponements of the trial.