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Rule 4-404. Jury selection and service.

Intent:

To identify the source lists fromwhich the master jury list is built.

To establish a uniform procedurefor jury selection, qualification, and service.

To establish administrativeresponsibility for jury selection.

To ensure that jurors are wellinformed of the purpose and nature of the obligations of their service at eachstage of the proceedings.

Applicability:

This rule shall apply to alltrial courts.

Statement of the Rule:

(1) Master jury list and jurysource lists; periodic review.

(1)(A) The state courtadministrator shall maintain for each county a master jury list as defined bythe Utah Code.

(1)(B) The master jury list foreach county shall be a compilation of the following source lists:

(1)(B)(i) driver licenses and identification cards for citizens ofthe United States 18 years of age and older from the Drivers License Divisionof the Department of Public Safety; and

(1)(B)(ii) the official registerof voters from the Elections Division of the Office of the Lt. Governor.

(1)(C) The Judicial Council mayuse additional source lists to improve the inclusiveness of the master jury listfor a county.

(1)(D) At least twice per yearthe state court administrator shall obtain from the person responsible formaintaining each source list a new edition of the list reflecting anyadditions, deletions, and amendments to the list. The state court administratorshall renew the master jury list for each county by incorporating the new orchanged information.

(1)(E) The master jury list shallcontain the name, address, and date of birth for each person listed and anyother identifying or demographic information deemed necessary by the statecourt administrator. The state court administrator shall maintain the masterlist on a data base accessible to the district courts and justice courts of thestate.

(1)(F) The state courtadministrator shall compare the number of persons on each master jury list fora county with the population of the county 18 years of age and older asreported by the Economic and Demographic Data Projections published for theyear by the Office of Planning and Budget. The state court administrator shallreport the comparison to the Judicial Council at its October meeting duringeven numbered years. The sole purpose of this report is to improve, ifnecessary, the inclusiveness of the master jury list.

(2) Term of service and term ofavailability of jurors.

(2)(A) The following shallconstitute satisfactory completion of a term of service of a juror:

(2)(A)(i) serving on a jury panelfor one trial whether as a primary or alternate juror regardless of whether thejury is called upon to deliberate or return a verdict;

(2)(A)(ii) reporting once to the courthouse for potential serviceas a juror;

(2)(A)(iii) except for a jurorliving in a county of the fourth, fifth, or sixth class or a county of thethird class with populations up to 75,000, complying with a summons asdirected, even if not directed to report to the courthouse; or

(2)(A)(iii) expiration of the term of availability.

(2)(B) The term of availabilityof jurors shall be as follows, unless a shorter term is ordered by the court:

(2)(B)(i) one month for the trialcourts of record in Salt Lake county;

(2)(B)(ii) three months for thetrial courts of record in Davis, Utah, and Weber counties; and

(2)(B)(iii) six months for allother courts.

(3) Random selection procedures.

(3)(A) Random selectionprocedures shall be used in selecting persons from the master jury list for thequalified jury list.

(3)(B) Courts may depart fromthe principle of random selection in order to excuse or postpone ajuror in accordance with statute or these rules and to remove jurors challengedfor cause or peremptorily.

(4) Qualified jury list.

(4)(A) For each term ofavailability as defined above, the state court administrator shall provide,based on a random selection, to the court the number of jurors requested bythat court. This shall be the list from which the court qualifies prospectivejurors. The names of prospective jurors shall be delivered to the requestingcourt in the random order in which they were selected from the master jurylist. The court shall maintain that random order through summons, assignment topanels, selection for voir dire, peremptory challenges, and finalcall to serve as a juror; or the court may rerandomize the names ofjurors at any step.

(4)(B) For each term ofavailability the court should request no more than the number of prospectivejurors reasonably calculated to permit the selection of a full jury panel withalternates if applicable for each trial scheduled or likely to be scheduledduring the term. The number of prospective jurors requested should be basedupon the size of the panel plus any alternates plus the total number ofperemptory challenges plus the anticipated number of prospective jurors to bepostponed, excused from service or removed for cause less the number of jurorspostponed to that term.

(4)(C) The clerk of the courtshall mail to each prospective juror a qualification form. The prospectivejuror shall file the answers to the questions with the clerk within ten daysafter it is received. The state court administrator shall develop a uniformform for use by all courts. In addition to the information required by statute,the qualification form shall contain information regarding the length ofservice, and procedures and grounds for requesting an excuse or postponement.

(4)(D) If a prospective juror isunable to complete the answers, they may be completed by another person. Theperson completing the answers shall indicate that fact.

(4)(E) If the clerk determinesthat there is an omission, ambiguity, or error in the answers, the clerk shallreturn the form to the prospective juror with instructions to make the necessaryaddition, clarification, or correction and to file the answers with the clerkwithin ten days after it is received.

(4)(F) The clerk shall review allanswers and record the prospective juror as qualified or disqualified asdefined by statute.

(4)(G) The clerk shall notify thestate court administrator of any determination that a prospective juror is notqualified to serve as a juror, and the state court administrator shallaccordingly update the master jury list.

(4)(H) A prospective juror whose qualificationform is returned by the United States Postal Service as"undeliverable," or "moved - left no forwarding address,"or "addressee unknown," or other similar statement, shall not bepursued further by the clerk. The clerk shall notify the state courtadministrator who shall accordingly update the master jury list.

(4)(I) If a prospective jurorfails to respond to the qualification questionnaire and the form is notreturned by the U.S. Postal Service as undeliverable, the clerk shall mail thequalification form a second time with a notice that failure to answer thequestions may result in a court order requiring the prospective juror to appearin person before the clerk to complete the qualification form. If a prospectivejuror fails to answer the questions after the second mailing, the qualificationform and a summons may be delivered to the sheriff for personal service uponthe prospective juror. The summons shall require the prospective juror toanswer the questions and file them with the court within ten days or to appearbefore the clerk to prepare the form. Any prospective juror who fails to answerthe questions or to appear as ordered shall be subject to the sanctions setforth in the Utah Code.

(5) Excuse or postponement fromservice.

(5)(A) No competent juror isexempt from service.

(5)(B) Persons on the qualifiedjuror list may be excused from jury service, either before or after summons,for undue hardship, public necessity or because the person is incapable of juryservice under the Utah Code. The court shall make reasonable accommodations forany prospective juror with a disability. Excuse from jury service satisfies theprospective juror's statutory service obligation.

(5)(C) A prospective juror may bepostponed to later in the term or to a future term for good cause.

(5)(D) Without more, beingenrolled as a full or part-time post-high school student is not sufficientgrounds for excuse from service.

(5)(E) Disposition of a requestfor excuse from service or postponement may be made by the judge presiding atthe trial to which panel the prospective juror is assigned, the presiding judgeof the court, or the judge designated by the presiding judge for that purpose.The presiding judge may establish written standards by which the clerk may disposeof requests for excuse from service or postponement.

(6) Summons from the qualifiedjury list.

(6)(A) After consultation withthe judges or the presiding judge of the court, the clerk shall determine thenumber of jurors needed for a particular day. The number of prospective jurorssummoned should be based upon the number of panels, size of the panels, anyalternates, the total number of peremptory challenges plus the anticipatednumber of prospective jurors to be postponed, excused from service or removedfor cause. The clerk shall summon the smallest number of prospective jurorsreasonably necessary to select a trial jury.

(6)(B) The judge may direct thatadditional jurors be summoned if, because of the notoriety of the case or otherexceptional circumstances, the judge anticipates numerous challenges for cause.

????? (6)(C) Juror summons.

(6)(C)(i) The summons may be by first class mail delivered to theaddress provided on the juror qualification form or by telephone.

(6)(C)(ii) Mailed summonses shallbe on a form approved by the state court administrator. The summons may directthe prospective juror to appear at a date, time, and place certain or maydirect the prospective juror to telephone the court for further information.The summons shall direct the prospective juror to present the summons forpayment. The summons may contain other information determined to be useful to aprospective juror.

(6)(C)(iii) If summons is made bytelephone, the clerk shall follow the procedures of paragraph (9) of this rule.

(7) Assignment of qualifiedprospective jurors to panels. Qualified jurors may be assigned to panels in therandom order in which they appear on the qualified jury list or may be selectedin any other random order. If a prospective juror is removed from one panel,that prospective juror may be reassigned to another panel if the need existsand if there are no prospective jurors remaining unassigned.

(8) Selection of prospectivejurors for voir dire. Qualified jurors may be selectedfor voir dire in the random order in which they appear on thequalified jury list, or may be selected in any other random order.

(9) Calling additional jurors. Ifthere is an insufficient number of prospective jurors to fill alljury panels, the judge shall direct the clerk to summon from the qualified jurylist such additional jurors as necessary. The clerk shall make every reasonableeffort to contact the prospective jurors in the order listed on the qualifiedjury list. If after reasonable efforts the clerk fails to contact a juror, theclerk shall attempt to contact the next juror on the list. If the clerk isunable to obtain a sufficient number of jurors in areasonable period of time, the court may use any lawful method for acquiring ajury.

 

Effective November 1, 2016