City of Dublin - Mayor's Court
Trial Procedures
It is this court's firm belief that the interests of justice are best served when all parties to a proceeding are fully informed. It has been this court's experience that many defendants who appear for trial feel unprepared for the formality of the proceedings.
This pamphlet was created to help defendant's who appear for trial better understand trial procedure. This information is not meant to constitute legal advice. It has been prepared to clear up the most commonly held misconceptions about trial procedure and answer some of the most frequently asked questions.
General Information
A trial is a proceeding in which the Prosecutor for the City of Dublin will try to convince the court that you have committed the violation with which you have been charged. The prosecutor is required to prove your guilt beyond a reasonable doubt. There is no jury.
Trial Day Procedure
You must check in at your scheduled time. If you fail to appear you may be assessed further court costs and a warrant for your arrest may be issued.
After check in, your case will be placed on the list of cases to be heard that day. Please be prepared to spend a few hours at court. While the court makes every effort to move its docket expeditiously, it has no way to accurately predict the length of each individual trial.
Trial Process
Evidence
There are specific rules about the kinds of evidence the court may consider and the manner in which the court can receive that evidence. They are contained in the Ohio Rules of Evidence. These rules can be complicated. The following, however, are some very basic parameters that may assist you:
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Generally a person may testify to facts about which she or he has firsthand knowledge. In other words, they can testify about things they actually saw or heard.
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You may, but are not required to, take the stand and testify on your own behalf. If you do so without a lawyer you do not have to ask yourself questions but may testify in narrative form. If you do choose to take the stand, the Prosecutor will be allowed to ask you questions regarding your testimony.
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If you wa nt to use a photograph or other physical evidence (such as a document) you must fully identify the object introduced and tell the court how and when you obtained it. You must supply the court with enough information to determine whether that evidence is what it purports to be and that it accurately represents what it claims to depict.
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The court may refuse to hear certain testimony or review certain physical evidence based upon the Rules of Evidence. While the court will generally explain the reason fo r its refusal it will be impossible for the court to fully apprise you of the sum and substance of the evidentiary rules at trial.
Sequence of Trial
Both the prosecution and the defendant will have an opportunity to present their case to the court. The prosecution presents its case first. Normally, it will call at least one witness. That witness is usually the officer who gave the citation. You will be given the opportunity to ask the prosecution's witnesses questions once the prosecutor has finished questioning the witness.
After the prosecution rests its case the defendant is given an opportunity to put his or her case on. The defendant may, or may not, testify on his or her own behalf. On occasion, defendants have other witnesses as well. Remember, this will be your only opportunity to present your side of the story so you must bring all of the witnesses or the other evidence you want to show to the court on the day of trial.
Once you or any of your witnesses have completed their testimony the prosecutor will cross-examine that individual. After you have finished presenting your case the court will render a judgment.
Court costs cannot be waived if a person is found guilty, unless the court makes a determination that the person indigent.
There may be additional costs incurred for subpoena fees, continuance fees, etc. These fees are in addition to standard costs.
Answers to Common Questions
Do I need to have an attorney represent me?
You may have an attorney represent you at the trial if you wish but you are not required to have one.
Can I bring statements from witnesses to present to the court?
The court will not consider affidavits or other written statements in lieu of a witness' appearance at trial. If you want the court to hear from a witness he or she must be present.
How do I get a witness to come to court?
If you want a witness to come to court and they will not come willingly, you must ask the court to issue a subpoena. This request must be in writing at least three weeks prior to your court date. There is a fee for each subpoena issued.
Can I ask the City for certain information that I will need for trial?
If you think that the City of Dublin has certain information in its possession that you will need to use at trial, you must make a discovery request for that information under Rule 16 of the Criminal Rules of Procedure prior to trial. Details of Rule 16 may be found at the Supreme Court of Ohio website: www.sconet.state.oh.us.
What if I cannot come to court on the day scheduled for trial?
If you cannot appear on the day scheduled for trial you must file a request for continuance at least 7 days prior to the trial date. However, you must appear for the scheduled trial date if the court does not grant your request.