§ 21-12-206 — Trial

(a) Before the Senate proceeds to try the impeachment, the President of the Senate and every senator present shall take the following oath or affirmation: "I do solemnly swear or affirm that I will faithfully and impartially try the impeachment against A. B., and give my decision according to the law and evidence." (b) (1) The members being sworn, the Senate shall proceed to hear, try, and determine the impeachment and may adjourn the trial to any other time. (2) The Senate shall determine questions of law arising during the trial, upon the admissibility of evidence, the competency of witnesses, and otherwise. (3) The Senate may punish any person for contempt committed toward the Senate or for obstructing the administration of justice on the trial, in as full a manner as any court of record could do for a like contempt toward the court. (c) In all impeachment trials, the accused shall have a right to be heard by himself or herself and his or her counsel. (d) (1) All votes on any question whatever shall be given viva voce and entered on the journals. (2) No judgment or sentence of conviction shall be given against any person upon any impeachment without the concurrence of two-thirds (2/3) of the senators elected. (3) The Senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision. Rev. Stat., ch. 75, §§ 12, 13; Crim. Code, §§ 397, 398; C. & M. Dig., §§ 5623-5627; Pope's Dig., §§ 7268-7272; A.S.A. 1947, §§ 12-2216 -- 12-2219.