US Lawyer Database

§50-5-8. Trial by Jury; Trial to the Court

(a) A party to a civil action in magistrate court has the right to elect that the matter be tried with a jury when the amount in controversy exceeds $20 or involves possession of real estate. The election must be made in writing at any time after the commencement of the action and not later […]

§50-5-9. Verdict and Sentence

(a) In every criminal case in which the defendant is in custody, a magistrate shall render a finding of guilty or not guilty immediately upon the conclusion of the trial or hearing. In all other proceedings, a magistrate shall render a finding of guilty or not guilty no later than the next succeeding day after […]

§50-5-1. General Rules of Procedure

Except as the same may be inconsistent with the provisions of this chapter or with rules adopted by the Supreme Court of Appeals, the provisions of law relating to trials and admissibility of evidence in circuit courts shall apply to trials in magistrate courts.

§50-5-2. Continuances

A magistrate may continue the holding of a trial or hearing as provided in the supervisory rules of the Supreme Court of Appeals. In criminal proceedings when the defendant is in custody, the state shall not have the right to a continuance but may be granted a continuance for no more than five days if […]

§50-5-3. Appointment of Guardian Ad Litem

No infant, incompetent person or incarcerated convict shall proceed or be proceeded against in a civil action in magistrate court unless the provisions of this section are complied with. Whenever an infant, incompetent person or incarcerated convict has a duly qualified representative, such as a guardian, curator, committee or other like fiduciary, such representative may […]

§50-5-4. Subpoenas

A magistrate, magistrate court clerk, magistrate court deputy clerk or magistrate assistant shall, upon the request of any party, issue a subpoena compelling the attendance and testimony of a witness or a subpoena duces tecum compelling the production of some writing or other object. The court shall require the sheriff to enforce such subpoena or […]