Title 21 — Juries

In this title, unless the context otherwise requires: 1. "Juror pool" means the persons who are summoned and who report on a specific date to or for a specific location for either trial or grand jury service. 2. "Jury commissioner" means the clerk of the superior court, except th…

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict. B. A jury for trial in any court of record of any …

A. A room shall be provided by the board of supervisors of each county for use of the jury upon its retirement for deliberation, with suitable furniture, fuel, lights and stationery. B. If the supervisors neglect to provide the facilities, the court may order the sheriff to do so…

While the jury is kept together, either during the progress of the trial or after retirement for deliberation, the court shall, at the expense of the county, provide the jury with suitable and sufficient food, lodging and other reasonable necessities, and the expense shall be a c…

A. The jury commissioner shall report to the presiding judge. B. The presiding judge of the superior court shall set the salary of a jury commissioner who has been appointed by the presiding judge, subject to approval of the county board of supervisors. C. The jury commissioner o…

If the jury commissioner or jury manager denies a person's request to be excused or disqualified from jury service and the person makes a written application for review, the presiding judge of the court to which the person has been summoned or another judge designated by the pres…

Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications: 1. Be a citizen of the United States. 2. Be a resident of the jurisdiction in which the juror is summoned to serve. A citizen whose name and address appears on the master …

A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused. B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the …

The following persons shall be disqualified to serve as jurors in any particular action: 1. Witnesses in the action. 2. Persons interested directly or indirectly in the matter under investigation. 3. Persons related by consanguinity or affinity within the fourth degree to either …

A. Each juror shall be paid by the county: 1. For each day's attendance upon the superior court or justice court, twelve dollars. 2. For each mile necessarily traveled from his residence to the court and back to his residence, an amount equal to the amount paid to state officers …

(Rpld. 7/1/31) A. The fair jury improvement fund is established consisting of monies received from the additional fees paid on all filings, appearances, responses and answers pursuant to section 12-115 and monies appropriated by the legislature. The monies in the fund shall not b…

It is unlawful for a juror who is summoned and who fails to obtain a postponement or who is not excused from jury service to wilfully and without reasonable excuse fail to attend on the date scheduled for jury service. If the person fails to respond to a second summons the court …

A grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or who takes part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is gu…

A. A person who knowingly, by any means whatsoever, records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which he is not a member while such jury is in session is guilty of a class 2 misdeme…

A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide a…

A. The jury commissioner shall produce a master jury list. The master jury list shall be comprised of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of eligible persons who reside in the county and shall include persons on the voter …

A. The superior court in each county shall summon trial jurors from the master jury list pursuant to rules adopted by the supreme court. B. The superior court in each county shall summon grand jurors from the master jury list pursuant to rules adopted by the supreme court. C. Jur…

A. If a superior court uses a master jury file, the presiding judge of the superior court, on completion of the master jury list and at other times as necessary, shall order the jury commissioner to randomly select from the master jury list the number of names that are necessary …

A. The list of juror names or other juror information shall not be released unless specifically required by law or ordered by the court. B. All records that contain juror biographical information are closed to the public and shall be returned to the jury commissioner, the jury ma…

A. A jury management automation system may be used in the performance of the duties imposed by this title. B. In any county where a jury management automation system is used, the jury commissioner or jury manager shall cause the device to be programmed to ensure random selection …

A. The jury commissioner or jury manager shall use a questionnaire to determine whether a person is qualified to serve or has valid grounds to be excused or postponed from service. The jury commissioner or jury manager may require additional information from the person to make th…

A. If the jury commissioner or jury manager determines that a person has valid grounds to be excused or postponed from jury service, the person shall be notified accordingly. B. The presiding judge may issue an order or the jury commissioner or jury manager may issue a subpoena f…

A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool: 1. The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury…

A. A person's jury service obligation is fulfilled when the person does any of the following: 1. Serves on one trial until being excused or discharged. 2. Appears at court but is not assigned to a trial division for selection of a jury before the end of that day. 3. Is assigned o…

A. A juror who has been summoned and selected to serve on a jury in this state is not required to serve again as a juror in any court in this state for two years following the last day of the juror's service. B. A presiding judge, in coordination with the jury commissioner, may a…

A. Persons who are scheduled to appear for jury service may postpone the date of their initial appearance for jury service two times only. On request, postponement shall be granted if all of the following apply: 1. The prospective juror has not been granted two prior postponement…

In this chapter, unless the context otherwise requires: 1. "Alternate grand jurors" means the additional grand jurors who are selected and sworn at the time of impanelment but who are not designated as permanent jurors until the presiding judge of the superior court or a designee…

A. In a county with a population of two hundred thousand persons or more a grand jury shall be called every four months each year by the presiding judge of the superior court. Each grand jury shall sit until a new grand jury has been impanelled to replace it or until its term exp…

A. Grand juries called pursuant to section 21-402 shall serve for a term designated by the presiding judge of the superior court which shall not exceed either: 1. One hundred twenty days if the grand jury is called pursuant to section 21-402, subsection A. 2. One hundred eighty d…

The order to form a grand jury shall specify the number of jurors to constitute the grand jury. The grand jury shall consist of at least twelve but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it.

Neither the term nor the powers of a grand jury shall be affected by the fact that a different individual or individuals shall occupy the position of presiding judge or the office of county attorney from time to time.

A. At any time, for good cause, the presiding judge of the superior court or a designee may excuse a grand juror temporarily or permanently. If a grand juror is excused permanently, the presiding judge of the superior court or a designee may replace the excused juror with an alte…

A. The grand jurors shall inquire into every offense which may be tried within the county which is presented to them by the county attorney or other prosecuting officer at the request of the county attorney, or by the attorney general as a special prosecutor appointed by the pres…

A. The county attorney or other prosecuting officer shall attend the grand jurors when requested by them, and may do so although not requested for the purpose of examining witnesses, in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by …

A. When a grand jury is summoned and appears, the court and the county attorney or other prosecuting officer shall examine the jurors regarding their qualifications as such jurors. B. After the grand jury has been sworn and impanelled the court on advice of the county attorney sh…

A. The foreman or acting foreman shall administer an oath or affirmation in the manner prescribed by law to any witness called to testify before the grand jury.

A. The presiding judge of the superior court shall appoint a regularly appointed court reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. The reporter's notes containing the proceedings from which an indictment is returned shall …

The grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counse…

The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is guilty of such public offe…

A. An indictment shall not be returned without concurrence of at least nine grand jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a "true bill" and sign it. B. An indictment shall not be dismissed on the ground that one or more members of th…

The indictment shall be presented by the foreman or acting foreman to the court in the presence of the grand jury.

If the defendant is in custody or has given bail on a charge investigated by the grand jury and nine jurors do not concur in finding an indictment, the foreman or acting foreman shall so report to the court in writing forthwith.

The presiding judge of the superior court shall discharge a grand jury upon the expiration of the term of such grand jury unless the term is extended as provided in section 21-403.

A. Upon written application by the attorney general there shall be a state grand jury with jurisdiction extending throughout the state impaneled each year by any superior court judge designated from time to time as a state grand jury assignment judge by the chief justice of the A…

A. The law applicable to county grand juries, including their powers, duties and functions, applies to the state grand juries except insofar as it is in conflict with this article. The supreme court shall adopt rules to govern the procedures of state grand juries. B. The state gr…

A. A state grand jury shall consist of the same number of members as a county grand jury. The residence and qualifications of the members of the state grand jury shall be determined according to rules adopted by the supreme court which, at its discretion, depending on the nature …

Presentation of evidence shall be made to a state grand jury by the attorney general or his designee.

Any indictment or presentment by any state grand jury shall be returned to the assignment judge and shall include a finding as to the county or counties in which the alleged offense or violation of law was committed. Thereupon, the assignment judge shall, by order, designate the …

The attorney general shall advise the county attorney in any affected county of the nature of the state grand jury investigation and of any indictments to be returned by the state grand jury unless such disclosures will create a substantial likelihood of a conflict of interest fo…

A. The attorney general or his designee shall attend the state grand jury in the manner prescribed by section 21-408. B. The attorney general or his designee shall prosecute all indictments returned by a state grand jury. The attorney general, at his discretion, may commence a pr…