22-311. Commencement of action; arrest or summons; examination of witnesses A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand […]
22-312. Criminal court record A justice of the peace shall keep a criminal court record and shall enter each action and proceeding of the court in the court record.
22-313. Procedure The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed.
22-314. Bail; preparation of schedule; collection; civil deposits A. The defendant, at any time after arrest and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court. B. The justice of the peace shall: 1. Prepare or adopt for use a schedule of traffic violations […]
22-317. Plea of not guilty Upon a plea other than a plea of guilty, if no party demands a trial by jury, and a postponement or change of venue is not granted, the court shall proceed to try the action.
22-320. Trial by jury A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.
22-321. Challenges to jury and jurors A. The challenges taken by either party to the panel of jurors or to any individual juror shall be as on trials in the superior court. B. The challenge shall in all cases be tried by the court.
22-322. Oath of jury When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: " Do you swear or affirm that you will give careful attention to the proceedings, abide by the court’s instructions and render a verdict in accordance with the law and evidence presented […]
22-323. Trial before jury; charging jury on facts prohibited A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant. B. The court shall decide all questions of law which arise in the course of the trial, but shall not charge the jury with […]
22-324. Verdict of jury; officer in charge of jury during deliberation A. After hearing the evidence of the offense of which defendant is charged, the jury may give its verdict in court or may retire for consideration. B. If the jury does not immediately agree, an officer shall be sworn to take charge of the […]
22-325. Verdict; entry; several defendants; partial verdict A. The verdict of the jury shall be either " guilty" or " not guilty." B. When the jury has agreed on its verdict, it shall deliver the verdict publicly to the court who shall enter or cause it to be entered in the minutes. C. When several […]
22-326. Discharge of jury; retrial of action The jury shall not be discharged after the action is submitted to it until it has agreed upon and rendered its verdict, unless for good cause the court sooner discharges it. If the jury is discharged, the court may proceed again to the trial, in the same manner […]
22-327. Acquittal; discharge of defendant; payment of costs by complainant when prosecution malicious A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged. B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the […]
