Trials & Subpeonas

Trial to the Court 

A Trial to the Court is a trial before the Judge.  The Judge serves as the juror of fact in addition to making procedural rulings and evaluating questions of law as the fact finder in a bench trial, the Judge listens to the evidence presented by each party and makes a ruling on the factual issues in the case.  In this trial, the court is not seeking a jail term and witnesses can be subpoenaed to testify. 

Trials to the Court are set on Monday afternoon at 1:30 p.m. 

Jury Trial  

A formal examination of evidence before a Judge and juror in order to decide guilt or not guilt in a case of criminal proceedings.  

In Municipal Court jury trials are from three to six persons.  In order to have a jury trial you must file a written request with the Clerk of the Court and pay a jury fee of $25.00 within twenty-one (21) days of the date you enter a not guilty plea.  If you want more than three jurors, an additional fee of $6.00 per juror must be paid. 

Jury Trials are scheduled as needed.  Jury notices are sent out to residents that reside in the city limits. 

SUBPOENAS 

A subpoena is a formal written order that requires a person to appear before a court or other legal proceedings and testify.   

Subpoenas are issued through the Municipal Court office by the Court Administrator/Court Clerk or by the City Prosecutor.  Subpoenas must be delivered to the appropriate agency for service upon the witnesses.  If the witnesses are located within the city limits, they will be served by the Cortez Police Department.