Massachusetts Statutes

Section 40. In the event a trial is expected by the court to last more than three trial days, the trial judge shall announce this fact to jurors before the jury is impanelled. The trial judge may excuse a juror from performing his juror service on such an extended trial upon a fi…

Section 41. The length of the term of service for trial jurors shall be one day unless a juror is assigned to or impanelled on an incompleted trial when the term ends or unless the court orders otherwise. Nothing in this section shall prevent a trial juror from serving or partici…

Section 42. The court shall take whatever actions are appropriate to enforce the provisions of this chapter. Upon a finding by the court that a juror will not appear to perform or complete juror service or in response to the court's order, the court may issue a warrant for the ar…

Section 43. The office of jury commissioner may send a delinquency notice by certified or first-class mail or by delivery by a sheriff or constable to any grand or trial juror who has failed to appear for juror service based upon the records in the office of jury commissioner; pr…

Section 44. The office of jury commissioner may prepare an application for the issuance of a criminal complaint against any grand or trial juror who has not been removed from delinquency status by the office of jury commissioner within thirty days after the date of a delinquency …

Section 45. The office of jury commissioner shall perform studies, foster research, and implement new procedures which are contemplated to accomplish the following: improvement of all aspects of the administration of jurors; reduction of the costs of selection, management, and co…

Section 46. The committee or the court may delegate to the jury commissioner of the office of jury commissioner such authority as is appropriate for the efficient administration of this chapter in accordance with guidelines approved by the committee or the court.

Section 47. The compensation and reimbursement policy of this chapter shall be to prevent financial hardship being imposed upon any juror because of performance of juror service insofar as possible. Where financial hardship exists, the court shall attempt to place the juror into …

Section 48. Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment as long as the employment hours of a juro…

Section 49. The court shall have the authority to excuse an employer from the duty to compensate a juror-employee or to excuse a self-employed juror from the duty to compensate himself for the first three days, or part thereof, of trial or grand juror service upon a finding that …

Section 5. There shall be an office of jury commissioner for the commonwealth, hereinafter called the office. The office shall have authority to implement the provisions of this chapter in the participating counties. It shall be a department within the judicial branch and under t…

Section 50. Each unemployed trial or grand juror upon application shall be reimbursed by the commonwealth for reasonable travel, child-care, and other necessary out-of-pocket expenses, except food, incurred during the first three days, or part thereof, of juror service. The offic…

Section 51. Each trial juror who serves more than three days shall be paid by the commonwealth for the fourth day of service and each day thereafter at the rate of fifty dollars per day of service. A trial juror receiving payment under this section shall not be entitled to additi…

Section 52. Upon the commencement of grand juror service, each grand juror shall complete and sign a financial questionnaire under the penalties of perjury. The completed questionnaire shall contain the financial data necessary for the determination of a daily compensation rate f…

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, …