§ 38-1-107 — Inspection of premises - expenses - verdict

Colorado § 38-1-107

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Proceedings

Text

(1) When the jury has
been selected and the jurors have taken an oath faithfully and impartially to
discharge their duties, the court, at the request of any party to the proceeding and
in the discretion of the court, may order that the jury go upon the premises sought
to be taken or damaged, in charge of a sworn bailiff, and examine the premises in
person. Such order shall require the party making such request to advance a sum,
to be fixed by the court in such order, sufficient in the opinion of the court to defray
the necessary expenses of such examination. In default of such party forthwith
advancing such sum, such order shall be held for naught upon such trial before a
jury. The court shall preside in the same manner and with like powers as in other
cases. Evidence shall be admitted or rejected by the court according to the rules of
law. At the conclusion of the evidence, the matters in controversy may be argued by
counsel to the jury. At the conclusion of the arguments, the court shall instruct the
jury in writing. The jury shall retire for deliberation, in charge of a sworn officer, and
when they have agreed upon a verdict the same shall be returned into court.

(2) If the jury fails to agree, it may be discharged by the court. Thereupon
another jury shall be summoned as soon as practicable, in the same manner as
before, and like proceedings be had with such jury or successive juries, until a
verdict is had. Any party feeling aggrieved by such verdict may move before such
court for a new trial in the same manner and for the same causes as in actions at
law. The refusal of such court to grant a new trial may be excepted to and assigned
for appeal.

Legislative History

Source: G.L. � 1067. G.S. C. � 246. L. 1889: p. 157, � 3. R.S. 08: � 2424. C.L. � 6320. CSA: C. 61, � 10. CRS 53: � 50-1-10. C.R.S. 1963: � 50-1-10.