Chapter 234A

Section 53. On the first day of grand juror service, the court shall hold a private hearing with each impanelled grand juror. The purpose of this hearing shall be to determine a daily compensation rate for each grand juror, not exceeding fifty dollars per day of service, to be pa…

Section 54. Each grand juror who serves more than three days shall be paid by the commonwealth for the fourth day of service and each day of service thereafter at the daily compensation rate for the particular grand juror determined under the section fifty-three.

Section 55. A juror, including a standby juror and a juror on telephone notice, shall not be compensated by the commonwealth or credited with a day of service except for days on which the juror actually appeared as directed to perform juror service, unless provided otherwise in t…

Section 56. Notwithstanding other provisions of this chapter, the court shall have authority to make special awards of compensation and reimbursement to any juror or to any other person on behalf of a juror based on unusual circumstances, or awards of compensation and reimburseme…

Section 56A. The court shall provide, upon request of a juror, meals consisting of food or food products prepared in accordance with the religious requirements of such juror when meals would otherwise be provided during any period in which the jury has been sequestered by the cou…

Section 57. The juror service certificate shall contain the name and address of the juror; the name, address, and judicial district of the court in which the juror service was performed; the week in which the certificate applies; the number of days of jurors service performed by …

Section 58. The office of jury commissioner shall provide juror service certificates to all grand and trial jurors who perform juror service. Such certificates shall be provided not later than 14 days after the last business day of each week in which a grand or trial juror perfor…

Section 59. Grand and trial jurors in participating counties shall receive compensation due from the commonwealth by check on a weekly basis. Each check shall include all compensation for juror services and authorized reimbursements incurred by the juror during the previous week.…

Section 6. A jury management advisory committee, consisting of six members, one of whom shall be appointed as chairman, shall be established as a standing committee of the supreme judicial court. The chairperson and committee members shall be appointed by the chief justice of the…

Section 60. Any employer who fails to compensate a juror-employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror-employee in tort. Upon the expiration of thirty days after the tender of the …

Section 61. Any willful violation of section sixty of this chapter by an employer shall also constitute a violation of this section. A juror seeking a civil remedy against an employer shall have an election to proceed either under section sixty or under this section. An employer …

Section 62. Not later than ten days prior to the term of service of each trial juror, the office of jury commissioner shall provide each juror a copy of the trial juror's handbook. The handbook shall notify the juror of his pending juror service. The handbook shall inform jurors …

Section 63. The office of jury commissioner, with the approval of the committee, may establish a sufficient number of telephone lines for the purposes of responding to juror inquiries, scheduling jurors' terms of service, disseminating general information and standby information …

Section 64. On the first morning of juror service, grand and trial jurors shall be oriented by the court as to their duties and responsibilities. The court may include such other general information and instruction as it deems appropriate. The court may use a videotaped presentat…

Section 65. Following the juror orientation program, a member of the court shall personally appear before the jurors and make a brief welcoming address. The office of jury commissioner, with the approval of the committee, may prepare suggested guidelines for the format and conten…

Section 66. Following the welcome to the jurors, the court shall hold a private hearing with each juror or employer of a juror who requests to be heard. The purpose of such hearings shall be to dispose of all urgent personal problems of jurors and employers as to possible excuses…

Section 67. Not later than ten days in advance of scheduled appearances by jurors, the office of jury commissioner shall send or deliver to the appropriate clerks of court a list of the grand and trial jurors expected to appear for service in the respective courts. The list shall…

Section 67A. Upon motion of either party, the court shall, or the parties or their attorneys may under the direction of the court, examine on oath a person who is called as a juror, to learn whether the juror related to either party or has any interest in the case, or has express…

Section 67B. In a civil case each party shall be entitled to 4 peremptory challenges. Such challenges shall be made before the commencement of the trial and may be made after it has been determined that a person called to serve as a juror stands indifferent in the case.

Section 67C. In indictments and penal actions for the recovery of a forfeiture, it shall not be a challenge for cause to a juror that the juror is liable to pay taxes in a county, city or town which may be benefited by such recovery.

Section 67D. Notwithstanding section 67A, the following procedures shall govern in all criminal and civil superior court jury trials: (1) In addition to whatever jury voir dire of the jury venire is conducted by the court, the court shall permit, upon the request of any party's a…

Section 68. In every twelve-person jury case, the court shall impanel at least two additional jurors. In every six-person jury case, the court shall impanel at least one additional juror. Alternate jurors shall not be identified until immediately prior to jury deliberations in ac…

Section 68A. After a jury has been impanelled and sworn, the court shall appoint a foreperson.

Section 68B. In any civil action the jury shall be instructed that the agreement of 5/6 of its members shall be sufficient to render any special or general verdict.

Section 68C. If a jury, after due and thorough deliberation, returns to court without having agreed on a verdict, the court may state anew the evidence or any part of the evidence, explain to them anew the law applicable to the case and send them out for further deliberation; but…

Section 69. A translator may assist a deaf juror during the juror orientation program, the juror's welcome, and the judicial discretion hearing. As a matter of discretion, the court may permit a translator to assist a deaf juror during the trial after a determination of the compe…

Section 69A. The court may, upon motion, allow the jury in a civil case to view the premises or place in question or any property, matter or thing relative to the case if the party making the motion advances an amount sufficient to defray the expenses of the jury and the officers…

Section 7. The office of jury commissioner shall be composed of a jury commissioner and such staff positions as the jury commissioner, with the approval of the committee, shall find necessary for the implementation and administration of this chapter. The jury commissioner shall b…

Section 70. Upon motion of a party, or whenever the court deems it appropriate, the court shall include in its charge to the jury an instruction which in substance states that no duly impanelled trial juror is better qualified to determine the truth of the facts in controversy or…

Section 71. Whoever is guilty of fraud in the processing or selection of jurors or prospective jurors either by causing any name to be inserted into any list wrongfully, or by causing any name to be deleted from any list wrongfully, including wrongful data entry or the altering o…

Section 72. All official records and papers compiled and maintained by the office of jury commissioner shall be preserved for three years after the calendar year to which they apply. Official records shall include records in automated form on magnetic tapes and disks.

Section 73. A party may challenge the composition of the juror pool by a motion for appropriate relief. This challenge shall be made and decided before any individual juror is examined, unless the court orders otherwise. The challenge shall be in writing, supported by affidavit, …

Section 74. Any irregularity in compiling any list of jurors or prospective jurors; or any irregularity in qualifying, selecting, summoning, confirming, postponing, excusing, cancelling, instructing, impanelling, challenging, discharging, or managing jurors; or any irregularity i…

Section 74A. If either party to a case at the sitting at which a verdict is returned, either before or after the trial, gives to any of the jurors who try the case anything by way of treat or gratuity, the court may, upon motion of the adverse party, set aside the verdict and awa…

Section 75. The use of data processing equipment, methods, services, forms, and electronic telecommunications systems by the office of jury commissioner for the implementation and administration of this chapter shall be specifically authorized. The office of jury commissioner may…

Section 76. The jury commissioner, may in accordance with applicable procurement laws and regulations of the commonwealth, enter into contracts for purchasing or procuring services, equipment, forms, and supplies, including services from the United States postal service, as are n…

Section 77. The jury commissioner, with the approval of the committee, may enter into contracts and agreements with, and accept gifts, grants, contributions, and bequests of funds from, any department, agency, or subdivision of federal, state, county, or municipal government, and…

Section 78. Each court that receives jurors under this chapter shall make a commitment of certain resources and good will for the efficient and courteous management of jurors. The court shall have a juror-pool room, jury boxes, deliberation rooms, and restroom facilities that are…

Section 79. On or before the first day of April of each year, the jury commissioner shall issue an annual report for the previous calendar year. The report shall contain a narrative of significant developments in the administration of this chapter in the participating counties. T…

Section 8. The supreme judicial court may make and amend rules of court not inconsistent with this chapter, designating the participating counties and regulating all aspects of the selection and management of grand and trial jurors. The jury commissioner, with the approval of the…

Section 80. On or before the first day of June of each year, the jury commissioner, with the approval of the jury management advisory committee, may convene a conference with representatives of the cities and towns of the participating counties and other participants. The purpose…

Section 9. The mayor, city manager, or other executive head of a city and the city clerk, jointly and severally, shall have the duty of fulfilling all obligations imposed upon such city under this chapter. The board of selectmen, town manager, or other executive head of a town an…