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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§6 JURIES AND TRIALS

 

§6-1 JURIES

§6-1-1 Civil Juries

(a) All civil cases shall be tried by the Tribal Court without a jury unless a jury is requested in writing by one of the parties fourteen (14) days before the case is tried. Any civil case involving less than $500.00 will not be allowed a jury trial. Request for jury trial must be filed with the Clerk accompanied by a fee of One Hundred Dollars ($100.00) and served on all parties.

REVISED 8-27-97
INITIALS
       
[Initials on original document.]

 

§6-1-2 Criminal Juries

(a) Criminal cases shall be tried by the Court as to the question of guilt or innocence except in cases as provided in Section 9-1-7 hereof, where the defendant or defendant's attorney has demanded a jury trial. Costs of jury trials in criminal cases shall be assessed against the Tribal Court when the defendant is acquitted and against the defendant when the defendant is convicted.

REVISED 9-28-97
INITIALS
       
[Initials on original document.]

 

§6-1-3 Trial Record

(a) Upon a finding of guilt by a jury in a criminal case the Tribal Court shall hand down all sentences and fines within the range of sentences and fines set out by tribal law. All cases tried before the Tribal Court shall be of record unless otherwise stipulated to by all parties. Any case which is tried without a record shall be decided on appeal, if any, by the court file, briefs and memoranda of parties and oral argument if permitted.

 

§6-1-4 Jury Venire and Trial Jury

(a) For all jury trials, it shall be the duty of the Clerk to provide twenty-five (25) randomly selected enrolled tribal members eighteen (18) years of age or older to serve as the jury venire for each case. From this venire the plaintiff /prosecution shall strike one (1) juror and the defendant shall strike one (1) juror until there remain six (6) jurors and one (1) alternate to serve as the trial jury.

REVISED 6-12-94
INITIALS
       
[Initials on original document.]

 

§6-1-5 Challenges for Cause

(a) Jurors may be challenged for cause and removed from the venire if they are prejudiced, related to a party, or attorney or for any other reason are unable to render a fair and impartial judgment. If more than five (5) jurors are removed for cause from any twenty-five (25) member venire, than all jurors removed for cause must be replaced by the Clerk with other randomly selected enrolled members so that no jury venire shall ever consist of less than twenty (20) jurors.

REVISED 6-12-94
INITIALS
       
[Initials on original document.]

 

§6-1-6 Juror Compensation

(a) Venire jurors shall be paid Five Dollars ($5.00) per day for service which costs shall be born by the tribal court system. Trial jurors shall be paid Fifteen Dollars ($15.00) per day which shall be taxed to the losing party as court costs.

 

§6-1-7 Jury Verdicts

(a) Jury verdicts in civil cases shall be by majority or greater verdict. Jury verdicts in criminal cases shall be unanimous. Failure to reach a verdict within sixteen (16) hours of actual deliberation shall automatically result in a mistrial, provided however, that the Tribal Court may declare a mistrial if it determines earlier that a jury is hopelessly deadlocked. All jury verdicts shall be reported to the court in writing, signed by the foreman who is to be elected by each jury before beginning their deliberation.

 

§6-2 TRIALS

§6-2-1 Opening Statements - Civil

(a) In each civil case the plaintiff(s) shall be entitled to make an initial opening statement to the jury and/or court consisting of what the plaintiff expects the evidence to show. The defendant(s) shall be entitled to respond.

 

§6-2-2 Opening Statements - Criminal

(a) In each criminal case the tribe shall be entitled to make an opening statement to the jury and/or court consisting of what the tribe expects the evidence to show and what the defendant is charged with. The defendant shall be entitled to respond.

 

§6-2-3 Burden of Proof - Civil

(a) In all civil cases the plaintiff or person bringing the claim has the burden of proof which must be met with a preponderance of the evidence.

 

§6-2-4 Burden of Proof - Criminal

(a) In all criminal cases the tribe has the burden of proof which must be met beyond a reasonable doubt and to moral certainty.

 

§6-2-5 Order of Proof

(a) In all cases, the party who has the burden of proof shall first present their evidence which shall be known as the case in chief. Upon completion of the case in chief the defense shall then present its evidence. The party with the burden of proof shall then have the opportunity to present any rebuttal evidence which shall be limited to rebuttal of the evidence presented by the defense.

 

§6-2-6 Closing Statements

(a) At the conclusion of the case the party with the burden of proof shall make the initial closing statement to the jury and/or court. The defense shall then make its closing statement to the jury and/or court, and the party with the burden of proof shall then be entitled to make a final closing statement.

(b) opening and closing statements to the jury or court shall not be considered as evidence.

 

§6-2-7 Jury Instructions

(a) In all jury trials at the conclusion thereof, the tribal court shall instruct the jury on all applicable law which the jury should apply to their determination of the facts deciding the case.

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