22-3401 Time of trial.
22-3401. Time of trial. All persons charged with crime shall be tried without unnecessary delay. Continuances may be granted to either party for good cause shown. History: L. 1970, ch. 129, § 22-3401; July 1.
22-3402 Discharge of persons not brought promptly to trial; discharge deadlines; delays, requests and charging of time; suspension of deadlines until May 1, 2023; guidelines for prioritizing trials; office of judicial administration report to legislature.
22-3402. Discharge of persons not brought promptly to trial; discharge deadlines; delays, requests and charging of time; suspension of deadlines until May 1, 2023; guidelines for prioritizing trials; office of judicial administration report to legislature. (a) If any person charged with a crime and held in jail solely by reason thereof shall not be brought […]
22-3403 Method of trial of felony cases.
22-3403. Method of trial of felony cases. (1) The defendant and prosecuting attorney, with the consent of the court, may submit the trial of any felony to the court. All other trials of felony cases shall be by jury. (2) A jury in a felony case shall consist of twelve members. However the parties may […]
22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
22-3404. Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial. (1) The trial of misdemeanor cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant’s counsel. […]
22-3405 Presence of defendant.
22-3405. Presence of defendant. (a) The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by law. In prosecutions for crimes not punishable by death […]
22-3406 Time to prepare for trial.
22-3406. Time to prepare for trial. After arraignment, the defendant shall be entitled to a reasonable time to prepare for trial. History: L. 1970, ch. 129, § 22-3406; July 1.
22-3407 Motion to discharge jury panel.
22-3407. Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected or drawn shall be raised by a motion to discharge the jury panel. The motion shall be made at least five days prior to the date set for trial if the names and addresses of […]
22-3408 Trial jurors.
22-3408. Trial jurors. (1) When drawn, a list of prospective jurors shall be filed in the office of the clerk of the court and shall be a public record. (2) (a) The qualifications of jurors and grounds for exemption from jury service in civil cases shall be applicable in criminal trials, except as otherwise provided […]
22-3409 Summoning jurors in misdemeanor case.
22-3409. Summoning jurors in misdemeanor case. When a jury trial is demanded, as provided by law, for misdemeanor cases, the judge shall summon not less than 12 prospective jurors from the source and in the manner provided for the summoning of other petit jurors in the district court in the county. History: L. 1970, ch. […]
22-3410 Challenges for cause.
22-3410. Challenges for cause. (1) Each party may challenge any prospective juror for cause. Challenges for cause shall be tried by the court. (2) A juror may be challenged for cause on any of the following grounds: (a) He is related to the defendant, or a person alleged to have been injured by the crime […]
22-3411a Felony trials; number of jurors.
22-3411a. Felony trials; number of jurors. In all felony trials, upon the request of either the prosecution or the defendant, the court shall cause enough jurors to be called, examined, and passed for cause before any peremptory challenges are required, so that there will remain sufficient jurors, after the number of peremptory challenges allowed by […]
22-3412 Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3412. Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors. (a) (1) For crimes committed before July 1, 1993, peremptory challenges shall be allowed as follows: (A) Each defendant charged with a class A felony shall be allowed 12 peremptory challenges. (B) Each defendant charged with a class B felony shall be allowed […]
22-3413 Juror’s knowledge of material fact.
22-3413. Juror’s knowledge of material fact. If a juror has personal knowledge of any fact material to the case, he must inform the court and shall not speak of such fact to other jurors out of court. If a juror has personal knowledge of a fact material to the case, gained from sources other than […]
22-3414 Order of trial.
22-3414. Order of trial. (1) The prosecuting attorney shall state the case and offer evidence in support of the prosecution. The defendant may make an opening statement prior to the prosecution’s offer of evidence, or may make such statement and offer evidence in support of such statement after the prosecution rests. (2) The parties may […]
22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.
22-3415. Laws applicable to witnesses; immunity from prosecution or punishment. (a) The provisions of law in civil cases relative to compelling the attendance and testimony of witnesses, their examination, the administration of oaths and affirmations, and proceedings as for contempt, to enforce the remedies and protect the rights of the parties, shall extend to criminal […]
22-3416 Prisoner as witness.
22-3416. Prisoner as witness. No prisoner in the custody of the secretary of corrections shall be required to attend as a witness in any criminal action or proceeding except on order of the court before whom the prosecution is pending and under such terms as the court may prescribe. History: L. 1970, ch. 129, § […]
22-3417 Objections to rulings.
22-3417. Objections to rulings. Formal exceptions to rulings or orders of the court are unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action […]
22-3418 View of place of crime.
22-3418. View of place of crime. Whenever in the opinion of the court it is proper for the jurors to have a view of the place in which any material fact occurred, it may order them to be conducted in a body under the charge of an officer to the place, which shall be shown […]
22-3419 Motion for judgment of acquittal.
22-3419. Motion for judgment of acquittal. (1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged in the complaint, indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a […]
22-3420 Conduct of jury after submission.
22-3420. Conduct of jury after submission. (a) When the case is finally submitted to the jury, they shall retire for deliberation. They must be kept together in some convenient place under charge of a bailiff until they agree upon a verdict, or be discharged by the court, subject to the discretion of the court to […]