8.2.2.020 Trial

(a) The trial should proceed in the following manner, before the Court if no jury trial is demanded; if, the defendant is entitled to and has demanded a trial by jury, and after the jury has been impaneled as provided by the rules of the Court and sworn by the Judge:

(1) The Clerk shall read the complaint and state the defendant's plea.

(2) The Court shall give all of its rulings on motions already filed and accept any pre-trial notions for ruling by the Court. All arguments on motions shall be made outside the hearing of the jury in a trial by jury.

(3) The opening statements shall be made by the Prosecutor or person acting in such capacity followed by the defendant or his lay counsel or professional attorney. The Prosecutor may waive an opening statement and the defendant may waive an opening statement or reserve the right to make an opening statement after the prosecution has rested its case.

(4) Evidence shall be presented in support of the charge, and the defendant, lay counsel or professional attorney shall have the right to cross examine any witnesses called by the Prosecutor.

(5) The testimony of witnesses shall be taken orally in open Court, but upon motion of prosecutor or defendant, lay counsel or professional attorney, witnesses nay be sequestered or excluded until called upon to testify. Testimony can also be given as evidence by properly executed sworn affidavits, dispositions or written interrogatories. Physical evidence shall be introduced and admitted only after a proper foundation has been laid as to its relevancy.

(6) The defendant any make a motion for judgment of not guilty or directed verdict of acquittal at the close of the evidence offered by the prosecution. If the evidence is not sufficient to support a conviction of the offense charged (beyond a reasonable doubt), the Court shall order the entry of judgment of not guilty or a directed verdict of acquittal of the offense charged.

(7) The Court nay also enter judgment of not guilty on its own motion after the evidence on either side is closed, and shall do so if the evidence is not sufficient to support a conviction of the offense charged beyond a reasonable doubt.

(8) After the prosecution has rested its case, the defendant, lay counsel or professional attorney shall have the burden to proceed with the defense and evidence in support thereof, and the prosecution shall have the right to cross-examine any witnesses called by the defendant, lay counsel or professional attorney.

(9) The parties may then offer rebutting testimony only on matters relating to direct testimony, except that the Court may, in the interest of justice, permit the introduction of newly discovered evidence.

(10) The prosecution and the defendant, lay counsel or professional attorney may then present final arguments in the case, the prosecution having the right to open and close.

(11) The Judge shall charge the jury orally or in writing stating the law as applicable to the case. At any time during the trial, the Judge may give the jury such instruction as to the law as he considers necessary. The Judge shall instruct the jury that the defendant is presumed to be innocent, that the burden of proof rests on the prosecution, that the evidence must show beyond a reasonable doubt that the defendant has committed the crime charged, that if the defendant did not testify, that his failure to testify shall not be considered as evidence that he is guilty, and that the verdict of the jury must be a majority vote, meaning that all but one (1) jury member must agree to the verdict.

(12) Objections to the instructions not made before the jury determines its verdict shall be deemed waived. The Federal Rules of Evidence shall be followed as applicable.