Trial Procedures

The prosecuting attorney has the burden to prove you guilty by clear, satisfactory and convincing evidence. The prosecutor will attempt to do this with either physical evidence or sworn testimony. Because the burden of proof is upon the prosecutor, they will present their evidence first.

After each witness testifies you will have the opportunity to cross-examine the witnesses. Cross-examine means to ask questions of the witnesses. There is no requirement that you exercise your opportunity to cross-examine. However, if you choose to do so, please remember that you must ask questions of the witness, not make statements. You will have ample opportunity to present your version of the situation when you present your defense at the conclusion of the prosecutor's case.

When asked to present your defense, you may do so just as the prosecution presented their case, through the introduction of testimony, witnesses or physical evidence. If you or a witness testifies, you or they will be subject to cross-examination by the prosecutor, just as you had the opportunity to cross-examine the prosecution's witness.

After all evidence is in, both sides will have the opportunity to present a short summation as t why the Judge should rule in their favor. Normally, a ruling will be made on the trial date. Undoubtedly, someone may disagree with the ruling. Either party may appeal the decision to the Circuit Court. Forms for appeal may be downloaded from this website or obtained from the Municipal Court Clerk after the trial.

Trails are mandatory and failure to appear will result in a guilty plea and the citation(s) stand as is.