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 there evidence first.

After each witness testifies, you will have the opportunity to cross-examine the witnesses. Cross-examine means to ask questions of each witnesses. There is no requirement that you exercise your opportunity to cross-examine. However, if you choose to do so, please remember that you 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 prosecutor 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 the evidence is in, both sides will have the opportunity to present a short summation as to 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 Circuit Court. Forms for Appeals may be obtained from the Municipal Court Clerk after the trial.