§612-19 Summoning of prospective jurors.

312 words·~1 min read·/hi/chapter-612/612-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)When so ordered by the court, the clerk shall transmit to the chief of police or a bailiff the names of prospective jurors to be summoned. The chief of police or bailiff, either personally or through an authorized subordinate, shall summon the persons named to attend the court by giving personal notice to each of the time and place of required appearance as fixed by order of the court. The court may order the summoning of prospective jurors by any officer of the court, and the service of summons by any form of personal notice, including notice by telephone.

(b)A prospective juror who, wilfully or without reasonable excuse, fails to attend after receipt of a summons by the court may be arrested and punished for contempt.

(c)The clerk may place in the qualified jury wheel for further service in the ensuing jury year the name of any prospective juror who wilfully or without reasonable excuse failed to attend after receipt of a summons by the court. [L 1973, c 191, pt of §1; am L 1996, c 136, §2; am L 2007, c 122, §14]

Case Notes

It is the right of defendant to have jury drawn from jurors duly summoned, until the array is exhausted by challenges. 3 H. 154, 165 (1869); 7 H. 352 (1888).

In the absence of a law saying when jurors should be summoned, held that they should be summoned within a reasonable time before the term. 4 H. 439 (1881).

Where a venire for named persons selected under the statute was issued and also an open venire, with oral order to summon the same persons, it is immaterial whether the latter was invalid or whether an open venire could issue at all under our statutes, if the venire under the statute was valid. 15 H. 602, 604 (1904).