CHAPTER 4-8
TRIALS

4-8-1 Issues.

Issues of fact for which a jury trial is provided by law may be tried by a jury, if demanded. All other issues of fact and issues of law shall be tried by the Court. The Court may order a separate trial of any claim or issue, always preserving the right to trial by jury.

4-8-2 Jury Trial of Right.

(A)    The right to trial by jury as declared by the Constitution, statute, or the Indian Civil Rights Act of 1968 shall not be violated.

(B)    Any party demanding a trial by jury shall serve upon the other party, at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue, a written demand that specifies the issues.

(C)    The failure of a party to serve a demand constitutes a waiver of a trial by jury. A demand for trial by jury may not be withdrawn without the consent of the parties.

4-8-3 Trial by Jury.

When a jury trial has been demanded all the issues demanded shall be by jury, unless the parties otherwise consent.

4-8-4 Order of Trial.

The trial shall proceed with opening statements, presentations of evidence, closing arguments, jury instruction, jury deliberation, and jury verdict unless the Court otherwise directs.

4-8-5 Opening Statements.

Each party may give a general outline or summary of their case and its nature before any evidence is submitted for trial. Its purpose is to advise and give the fact finder a general picture of the facts and situation creating a better understanding of the evidence.

4-8-6 Burden of Proof.

In civil cases, the party bringing the action shall have the obligation to persuade the fact finder by preponderance of the evidence, meaning more-probable-than-not that the action occurred. However, those cases involving issues of fraud duress or undue influence, the obligation to persuade must be by clear and convincing evidence.

4-8-7 Evidence.

All evidence must be presented in accordance with the General Rules of Evidence as described by this Code. Such evidence will have to be good and sufficient to show the tendency of proving each element of the action.

4-8-8 Testimony.

Testimony of witnesses shall be taken orally in open Court and under oath, unless otherwise provided by a law.

4-8-9 Exceptions Unnecessary.

Formal exception to court rulings or orders are unnecessary, but it is sufficient that a party makes known to the Court his desires or objections to the action and the grounds. If a party has no opportunity to object to a ruling when it is made, the absence of an objection does not prejudice him.

4-8-10 Closing Arguments.

The final statements made by each party summarizing the evidence that has, or has not, been established.

4-8-11 Jury Instruction.

Any party may file written requests that the Court instructs the jury on the law as set forth in the requests. The court shall instruct the jury as to the law of the case, and shall give the jury a copy of the written instructions. The Judge must explain to the jury which party has the burden of persuasion concerning each issue of fact.

4-8-12 Jury Deliberations.

Upon retiring the jury must be kept together in a convenient place and under the charge of a court officer until they reach a verdict or be discharged. Prior to rendering the verdict, communication to any person concerning the state of their deliberation or the verdict agreed upon is prohibited.

4-8-13 Information After Retirement.

After retiring, if there are disagreements as to testimony or points of law, the jury may request information. The Court shall notify the parties of such requests. All information presented to the jury after retirement shall be made in the presence of the parties and points of law shall be clarified in writing.

4-8-14 Jury Discharge.

The jury may be discharged by the Court when:

(A)    Sickness or calamity requires, or

(B)    By consent of both parties, or    

(C)    There is no probability of agreement, or

(D)    Upon reaching a verdict.

4-8-15 Re-trial.

In all cases where the jury is discharged in accordance with Subsection 4-8-14(A), 4-8-14(B), or 4-8-14(C), the case may tried again as the Court may direct.

4-8-16 Jury Verdict.

When jury agreement is reached, the verdict shall be written and signed by the foreman and presented to the Court. When the verdict is announced, either party may request polling of the jury. If any juror answers in the negative, the jury must be sent out for further deliberations.

4-8-17 Assessing Recovery Amount.

When either party is entitled to recover money of the adverse party, the jury, in their verdict, must assess the amount of recovery.

4-8-18 Court Verdict.

(A)    In all actions tried upon the facts without a jury, the Court shall find the facts specially and state separately its conclusions of law, and judgment shall be entered pursuant to Section 4-10-6.

(B)    Findings of fact shall not be set aside unless clearly erroneous and due regard shall be given the Trial Court concerning the credibility of witnesses.