Justice of the Peace Courts Procedures and Special Functions
Criminal Cases.
Criminal cases in justice courts are tried under substantially the same rules of procedure as serious criminal cases in the higher trial courts. There are some variations in procedures such as the allowance for oral pleadings and the requirements that a motion for new trial must be made within one day of the rendition of judgment.
As do municipal judges, justices under their authority as magistrates give warnings, pass on the validity of search and arrest warrants, and set bail.
Another function of the justice of the peace that is unique to this court is the conduct of examining trials. An examining trial is a court hearing to examine the sufficiency of a felony accusation made by the state. The state does not have to prove the defendant guilty of the offense beyond a reasonable doubt to prevail in an examining trial. The prosecution needs only to establish that there is sufficient evidence to bind the defendant over to the grand jury for consideration of an indictment.
Since discovery is more limited in criminal cases that is in civila cases, the examining trial is often used by the defense to discover as much of the state's case as possible. Justice courts generally follow the rules of civil procedure that govern county and district courts. One exception is that pleadings in justice of the peace courts, except when the cause is appealed to the county court, can be made orally. A jury of six instead of twelve sits on the justice courts to determine decisions in both civil and criminal cases. It takes a unanimous verdict to make a guilty finding in a criminal case, and five out of six jurors must be in agreement to render a decision in a civil case.
Criminal cases in justice courts are tried under substantially the same rules of procedure as serious criminal cases in the higher trial courts. There are some variations in procedures such as the allowance for oral pleadings and the requirements that a motion for new trial must be made within one day of the rendition of judgment.
As do municipal judges, justices under their authority as magistrates give warnings, pass on the validity of search and arrest warrants, and set bail.
Another function of the justice of the peace that is unique to this court is the conduct of examining trials. An examining trial is a court hearing to examine the sufficiency of a felony accusation made by the state. The state does not have to prove the defendant guilty of the offense beyond a reasonable doubt to prevail in an examining trial. The prosecution needs only to establish that there is sufficient evidence to bind the defendant over to the grand jury for consideration of an indictment.
Since discovery is more limited in criminal cases that is in civila cases, the examining trial is often used by the defense to discover as much of the state's case as possible. Justice courts generally follow the rules of civil procedure that govern county and district courts. One exception is that pleadings in justice of the peace courts, except when the cause is appealed to the county court, can be made orally. A jury of six instead of twelve sits on the justice courts to determine decisions in both civil and criminal cases. It takes a unanimous verdict to make a guilty finding in a criminal case, and five out of six jurors must be in agreement to render a decision in a civil case.
