27.04.040 Jury Trial.
The prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty as charged. The judge shall decide all issues of law submitted to the Court. The jury shall decide all issues of fact submitted to the Court. Parties may stipulate to factual issues and submit them for acceptance by the Court.
(1) In addition to the procedures in CTC 27.04.010, the right to a jury trial will be considered waived by the defendant if the defendant fails to appear for the jury trial after receiving notice of the jury trial date.
(2) The jury must be composed of six persons and one alternate. To meet the standard of reasonable doubt, a unanimous decision by at least five of the six jurors is required.
(3) Trials must be conducted as set forth below, unless the order is changed by the presiding judge for good cause.
(A) Both parties shall have the right to make an opening statement prior to the presentation of any evidence or testimony. The prosecution shall present its statement first. The defense may make its opening statement at this time or reserve its opening statement until after the prosecution has completed the presentation of its case.
(B) Upon completion of the opening statements, the prosecution shall present to the Court all the evidence and testimony of witnesses on the Prosecution’s side of the case. The defense shall have the opportunity to cross-examine any witnesses called by the prosecution.
(C) Upon completion of the presentation of the prosecution’s case, and after making any appropriate motions, the defense may give any reserved opening statement and shall present to the Court all the evidence and testimony of witnesses on the defendant’s side of the case. The prosecution shall have the opportunity to cross- examine any witnesses called by the prosecution.
(D) Rebuttal evidence may be presented by the prosecution after the conclusion of the defense’s case when appropriate.
(E) The Court shall give final instructions after the close of evidence and before the closing arguments are given. All instructions must be in writing and filed as part of the record.
(F) After both parties present the case, both parties may make closing arguments. Either party may waive their right to make closing arguments. The prosecution may also make a rebuttal closing argument.
(G) Upon completion of the reading of instructions to the jury by the Court and the closing arguments the jury shall retire to a place where privacy and freedom from outside interference and interruption are assured. The jury members shall first elect from among their members a foreman who shall act as spokesman for the jury. They shall then evaluate and weigh the evidence, resolve the conflicts and inconsistencies, apply the law to the facts as previously instructed by the Court and reach a verdict of guilty or not guilty by a vote of at least five out of six. The foreman shall notify the judge when a verdict has been reached.
(4) Objections may be made by either party to test the validity of any procedural, substantive, or evidentiary matter before the Court during any hearing or at trial. All objections must be made at the time the objectionable matter arises and the specific reasons for the objection must be stated. The Court may either rule immediately on the objection or take the matter under advisement for a later ruling.
(5) Both parties may make motions at trial; all motions must be made and submitted to the Court in writing unless otherwise directed by the Court throughout the course of the trial. Both parties will have the opportunity to argue their respective positions on any motion made.