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(a) Preliminary Instructions. In a jury trial, after selecting and empaneling the jurors, the Court shall state the nature of the charges and generally instruct the jurors as to their duties.

(b) Opening Statements. The prosecution and the defense will be afforded an opportunity to make an opening statement prior to the presentation of any evidence or testimony, unless waived. The defense may reserve its opening statement until after the prosecution has presented its case in chief.

(c) Prosecution. The prosecution must offer evidence supporting the allegations contained in the complaint. The defense shall be given an opportunity to cross-examine any witness called by the prosecution.

(d) Defense. After the prosecution has rested its case, the defense may give any reserved opening statement and present any defenses or evidence relating to the allegations contained in the complaint. The prosecution shall be given an opportunity to cross-examine any witness called by the defense.

(e) Rebuttal. Rebuttal evidence may be presented by the prosecution after the conclusion of the defense case when appropriate, and if necessary, surrebuttal evidence may be offered by the defense.

(f) Evidence. No new evidence may be presented after the prosecution and the defense have rested their cases, unless allowed by the judge in the interest of justice.

(g) Jury Instructions. In a trial by jury, after the close of evidence and before the closing arguments are given, the Court shall give final instructions. All instructions shall be in writing and filed as part of the record.

(h) Closing Arguments. After the judge reads the instructions to the jury, the prosecution and then the defense may make closing arguments. The prosecution may also make a rebuttal closing argument.

(i) Verdict or Judgment.

(1) Upon the conclusion of the case, the jury shall deliberate. If the case is tried by a jury, a verdict shall be rendered; if tried by a judge, a judgment shall be rendered.

(2) After deliberation in private, the jury in criminal cases shall return to the judge in open court a verdict of “Guilty” or “Not Guilty” with respect to each defendant. A verdict in criminal cases shall be rendered by a unanimous vote of the jury. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]