Trial Process and Procedures Flashcards
What is considered the burden of proof in a criminal trial?
Beyond a reasonable doubt
What right does not apply to defendants in municipal courts?
The right to have a court appointed attorney
What process may a municipal court clerk issues?
Subpoena
Under which circumstance may a continuance be granted?
On written motion upon sufficient cause shown and noted
What is the proper term for when a court pronounces judgement?
Adjudication
What is a challenge to the array?
A motion that the entire jury panel be discharged because they were chosen with a bias
Wh is “The Rule”?
A motion asking the court to keep all witnesses outside the courtroom so that they do not hear each other’s testimony.
What is the venire?
A list of prospective jurors
What is not a valid legal exemption that a potential juror could claim?
The person has a business meeting out of town
The clerk’s role in the trial process includes:
Managing administrative processes on the day to trial
When establishing procedures for citizens’ complainants, clerks should work with:
The prosecutor
If the court determines that the offense involved family violence, the court shall:
Make an affirmative finding and enter it in the judgement.
When the clerk receives a Motion for New Trial, the clerk should:
Notify the judge immediately
True/False
Municipal courts are required to try all cases within 60 days of the request for trial.
False
True/False
The court is still required to post the court docket in a public place even if the court provides internet access.
False
True/False
Proper signage throughout the court facility will help provide guidance to court participants.
True
True/False
The court may subpoena the parents or person having custody, care, or control of child to produce a child witness in court.
True
True/False
A subpoena duces tecum requests a witness to bring with him or her something tangible that is desired as evidence.
True
True/False
Pre-trial hearings provide an effective means of caseflow management.
True
True/False
If a court cannot locate a certified interpreter within 75 miles of the court and if the language needed is one other than Spanish, the court may appoint a spoken language interpreter.
True
True/False
A person who does not reside within the city may not serve as a juror in municipal court
True
True/False
Personal information about jurors is public information and clerks may give it to anyone who asks.
False
True/False
When someone files a permanent exemptions from jury service, the clerk must notify the county tax assessor/collector.
True
True/False
A person who is deaf or hearing impaired may not serve as a juror.
False
True/False
A person who fails to appear for jury duty may be charged with the offense of failure to appear and assessed a fine of $500.
False
True/False
Municipal courts are required to pay jurors.
False
True/False
Only the defense may request that a jury be shuffled.
False
True/False
Only the six jurors who hear a case are required to read the juror handbook.
False
True/False
A peremptory challenge to a juror is commonly called a strike.
True
True/False
If a defendant fails to appear for jury trial, the judge may find the defendant “guilty in absentia” and assess the maximum fine.
False
