[R.O. 1996 § 125.190; CC 1968 § 13-44; Ord. No. 998 § 2(13.160), 12-18-1978]
A. It shall be the duty of the Municipal Judge
to summon all persons whose testimony may be deemed essential as witnesses
at the trial and to enforce their attendance by attachment if necessary.
The fees of witnesses shall be the same as those fixed for witnesses
in trials before Associate Circuit Judges and shall be taxed as other
costs in the case.
B. When a trial shall be continued by a Municipal
Judge, it shall not be necessary to summon any witnesses who may be
present at the continuance; but the Municipal Judge shall orally notify
such witnesses as either party may require to attend before them on
the day set for trial to testify in the case and enter the names of
such witnesses on their docket, which oral notice shall be valid as
a summons.
[R.O. 1996 § 125.200; CC 1968 § 13-45; Ord. No. 998 § 2(13.170), 12-18-1978]
If, in the progress of any trial
before the Municipal Judge, it shall appear to the Judge that the
accused ought to be put upon trial for an offense against the criminal
laws of the State and not cognizable before them as Municipal Judge,
they shall immediately stop all further proceedings before them as
Municipal Judge and cause the complaint to be made before some Associate
Circuit Judge within the County.
[R.O. 1996 § 125.210; CC 1968 § 13-46; Ord. No. 998 § 2(13.180), 12-18-1978; Ord.
No. 5270, 10-16-2023]
If in the opinion of the Municipal
Judge, the City has not a suitable and safe place of confinement,
the Municipal Judge may commit the defendant to the County Jail or
other suitable place of confinement; and it shall be the duty of the
Sheriff, or appropriate correction officer, upon receipt of a warrant
or commitment from the Judge, if space for the prisoner is available
in the County Jail, to receive and safely keep such prisoner until
discharged by due process of law. The municipality shall pay the board
of such prisoner at the same rate as may now or hereafter be allowed
for the keeping of such prisoners.
[R.O. 1996 § 125.230; CC 1968 § 13-48; Ord. No. 998 § 2(13.200), 12-18-1978]
In all cases tried before the Municipal
Court, except where there has been a plea of guilty or where the case
has been tried with a jury, the defendant shall have a right of trial
de novo, before a Circuit Judge or on assignment before an Associate
Circuit Judge. An application for a trial de novo shall be filed within
ten (10) days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[R.O. 1996 § 125.240; CC 1968 § 13-49; Ord. No. 998 § 2(13.210), 12-18-1978]
In all cases in which a jury trial
has been demanded, a record of the proceedings shall be made; and
appeals may be had upon that record to the appropriate Appellant Court.
[R.O. 1996 § 125.250; CC 1968 § 13-50; Ord. No. 998 § 2(13.220), 12-18-1978]
In the case of a breach of any recognizance
entered into before the Municipal Judge or an Associate Circuit Judge
hearing a municipal ordinance violation case, the same shall be deemed
forfeited and the Judge shall cause the same to be prosecuted against
the principal and surety, or either of them, in the name of the Municipality
as plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge; and in the event of cases caused to be
prosecuted by the Municipal Judge, such shall be on the transcript
of the proceedings before the Municipal Judge. All monies recovered
in such actions shall be paid over to the Municipal Treasury to the
General Revenue Fund of the Municipality.