§ 31-67. Generally.  


Latest version.
  • (a)

    In all prosecutions in the municipal court for any offense for which the city, with the concurrence of the court, seeks imposition of a fine of more than $500.00, excluding court costs, or imprisonment, or both such fine and imprisonment, a jury trial shall be had unless waived by the defendant and the city. In prosecutions for all other offenses, or in cases wherein a jury trial is waived by the defendant and the city, trial shall be to the court.

    (b)

    At arraignment, the defendant shall be asked whether he waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case. A waiver of jury trial, made at arraignment, may be withdrawn by the defendant at any time prior to the day for which trial by the court is set; such waiver may also be made at any time prior to the commencement of proceedings to impanel the jury for the trial; but, if such waiver occurs after the case has been set for jury trial, it may not thereafter be withdrawn.

(Code 1966, § 7-36; Code 1982, § 18-51; Ord. No. 1576, § 4, 6-7-1975; Ord. No. 2094, § 1, 9-19-1983; Ord. No. 2774, § 1, 3-3-2003)

State law reference

Jury trials generally, 11 O.S. § 27-119.