Title 22, Justice and Municipal Courts

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 …

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.

The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed.

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 not invo…

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.

A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.

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.

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 an…

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 respect to matters of fact.

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 jury as in trials of criminal actions in …

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 defendants are tried together, if the jury…

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 as upon the first …

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 costs of the action, or to give satis…

A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. A sentence of a fine or imprisonment, or both, as the case may be, may be pronounced on the judgment. B. If the court sentences the def…

If the sentence imposes a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the sentence is pronounced.

A. When a sentence is pronounced imposing a fine and ordering defendant imprisoned until the fine is paid, he shall be held in custody during the time specified in the sentence unless the fine is sooner paid. B. Upon payment of the fine or completion of the time specified in the …

When a sentence of imprisonment is recorded, it shall state the date imprisonment is to begin, and a certified copy of the sentence shall be delivered to the sheriff, marshal or other officer, and shall be a sufficient warrant for execution of the sentence.

A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court. B. The procedure for appeals from a justice or municipal court to the superior court shall be as provided by rules adopted by the supreme court. C. In a…

If an appeal bond has been posted and the final disposition of the appeal remains in the superior court, that court shall enter all appropriate orders in relation to the appeal bond. If an appeal bond has been posted and the cause is remanded to the court of origin as authorized …

A. Execution of the sentence shall not be stayed unless the defendant executes a bond with sureties, in an amount fixed by a justice of the peace or municipal judge of the court in which the judgment was rendered and files the bond with the court. The bond shall be approved by th…

A. On an appeal to the superior court, the justice of the peace or presiding officer of a municipal court shall immediately, without charge, transmit a copy of the court file and of all proceedings as shown by the court record to the clerk of the superior court of the county, who…

After an appeal has been docketed in the superior court, the superior court may on stipulation, on motion of the defendant, or on the court's own motion if the defendant fails to appear for trial, dismiss the appeal and remand the case to the court of origin for appropriate actio…

A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be granted in all appeals wherein a transcript of the proceedings has not been maintained. The record shall be as certified by the judge of the court of…

A. An appeal may be taken by the defendant, this state or any of its political subdivisions from a final judgment of the superior court in an action appealed from a justice of the peace or municipal court, if the action involves the validity of a tax, impost, assessment, toll, mu…