CHAPTER 408

ORDER OF JURY TRIAL

408.01                         Order of Trial

The order of a jury trial shall be substantially as follows:

Subdivision 1.            The jury shall be selected and sworn in.

Subdivision 2.            The Court may deliver preliminary instructions to the jury.

Subdivision 3.            The prosecution may make an opening statement to the jury but the statement shall be confined to the facts which he expects to prove during the case.

Subdivision 4.            The defendant has the option of making an opening statement or he may make it immediately before he offers evidence in his offense. The statement shall be confined to a statement of the defense and the facts he expects to prove in support of his defense.

Subdivision 5.            The prosecution shall offer evidence in support of the complaint.

Subdivision 6.            The defendant may offer evidence in his defense.

Subdivision 7.            The prosecution may offer evidence in rebuttal of the defense evidence, and the defendant may then offer evidence in rebuttal of the prosecution's rebuttal evidence.

Subdivision 8.            At the conclusion of the evidence, the prosecution may make a closing argument to the jury.

Subdivision 9.            The defendant may then make a closing argument to the jury.

Subdivision 10.          The Court shall instruct and charge the jury.

Subdivision 11.          The jury shall retire for deliberation and, if possible, render a verdict.

Subdivision 12.          “Upon announcement of a verdict by the jury, the court shall have the opportunity to overrule the jury as described in Section 407.115".

(Section 408.01, Subd. 12 added to the Tribal Code by Resolution No. 10-96 dated January 9, 1996)

408.01                         Deadlocked Jury

The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.