Selection Fields
Legislative Intent
593.31 UNIFORM SELECTION AND SERVICE; DECLARATION OF POLICY
It is the policy of this state that all persons selected for jury service be selected at random from the broadest feasible cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with this chapter and applicable court rules to be considered for jury service in this state, and that qualified citizens have an obligation to serve as jurors when summoned for that purpose.
593.51 COURT RULES
The Supreme Court shall promulgate rules governing jury administration in accordance with this chapter by July 31, 1990.
Definitions
Minn. Court Rule Rule 802. Definitions
(a) "Court" means a district court of this state, and includes, when the context requires, any judge of the court.
(b) "Court administrator," "judicial district administrator," and "jury commissioner" include any deputy of the court designated to perform the functions listed in these rules.
(c) "Source list" means the voter registration list for the jurisdiction served by the court, which may be supplemented with names from other sources as set out in the jury administration plan.
(d) "Voter registration list" means the official record of persons registered to vote.
(e) "Drivers' license list" means the record, maintained by the department of public safety, of persons over 18 years old licensed to drive a motor vehicle or issued a state identification card.
(f) "Master list" means a list of names and addresses, or identifying numbers of prospective jurors, randomly selected from the source list.
(g) "Juror" means a person summoned for service who either is deferred to a specific future date, attends court for the purpose of serving on a jury, or is on call and available to report to court when requested.
(h) "Random selection" means the selection of names in a manner totally immune to the purposeful or inadvertent introduction of subjective bias and such that no recognizable class of the population from which names are being selected can be purposely included or excluded.
(i) "Petit jury" means a body of six persons, impaneled and sworn in any court to try and determine, by verdict, any question or issue of fact in a civil or criminal action or proceeding, according to law and the evidence as given them in court. In a criminal action where the offense charged is a felony, a petit jury is a body of 12 persons, unless a different size is established in accordance with the Minnesota Rules of Criminal Procedure.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
593.37 SOURCE LIST
Subdivision 1. [Repealed, 1990 c 553 s 15]
Subd. 2. [Repealed, 1990 c 553 s 15]
Subd. 2a. Driver’s license lists. — The Department of Public Safety shall, upon request and for a reasonable fee, provide driver’s license lists to the jury commissioner.
Subd. 3. [Repealed, 1990 c 553 s 15]
Drawing of juror names from list
Minn. Court Rule Rule 801. General Policy
Persons shall be selected randomly for jury service, from the broadest possible cross section of people in the area served by the court. All qualified persons have an obligation to serve as jurors when summoned, and all should be considered for jury service.
593.19 MISCONDUCT OF OFFICER DRAWING JURY
An officer or other person charged by law with the preparation of any jury list, or list of names from which a jury is to be drawn, and a person authorized by law to assist at the drawing or impaneling of a grand or petit jury to attend a court or term of court, or to try any cause or issue, who:
(1) places on a list a name at the request or solicitation, direct or indirect, of a person;
(2) purposely puts upon a list of jurors, as having been drawn, a name that was not lawfully drawn for that purpose;
(3) purposely omits to place on a list a name that was lawfully drawn;
(4) purposely signs or certifies a list of jurors as having been drawn, that was not lawfully drawn;
(5) purposely withdraws from the box or other receptacle for the ballots containing the names of the jurors any paper or ballot lawfully placed or belonging there, and containing the name of a person not lawfully drawn and designated as a juror; or
(6) in drawing or impaneling the jury, does an act that is partial, or improper in any other respect, is guilty of a misdemeanor.
Procedure for Summoning Jurors
593.42 QUALIFIED JUROR LIST; SELECTING AND SUMMONING THE VENIRE
Subdivision 1. [Repealed, 1990 c 553 s 15]
Subd. 2. [Repealed, 1990 c 553 s 15]
Subd. 3. [Repealed, 1990 c 553 s 15]
Subd. 4. Failure to appear. — Any person summoned for jury service who fails to appear as directed shall be ordered by the court to appear and show cause for failure to comply with the summons. Absent a showing of good cause for noncompliance with the summons, the juror is guilty of a misdemeanor.
Subd. 5. [Repealed, 1990 c 553 s 15]
Prohibition of Discrimination Against Jurors
Minn. Stat. 593.32 PROHIBITION OF DISCRIMINATION
Subdivision 1. Prohibition. — A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, economic status, marital status, sexual orientation, or a physical or sensory disability.
Subd. 2. Certain challenges for cause. — Nothing in subdivision 1 restricts the right to strike an individual from being impaneled on a jury for cause based on a showing that a physical or sensory disability will impair the juror’s ability to try a particular case.
Qualifications
Minn. Stat. 593.40 QUALIFICATION QUESTIONNAIRE
Subdivision 1. [Repealed, 1990 c 553 s 15]
Subd. 2. [Repealed, 1990 c 553 s 15]
Subd. 3. [Repealed, 1990 c 553 s 15]
Subd. 4. Failure to complete questionnaire; penalty. — A prospective juror who fails to return a completed juror qualification questionnaire as instructed may be ordered by the court to appear and show cause for failure to complete and submit the questionnaire. A prospective juror who fails to appear pursuant to the court’s order or to show good cause for the failure to appear or who fails to show good cause for failure to complete and submit the questionnaire is guilty of a misdemeanor.
Subd. 5. Misrepresentation. — A person who willfully misrepresents a material fact on a juror qualification questionnaire for the purpose of avoiding or securing service as a juror is guilty of a misdemeanor.
Subd. 6. [Repealed, 1991 c 199 art 1 s 84]
Disqualifications
Minn. Court Rule
Rule 810. Excuses and Deferrals
(a) All automatic excuses or disqualifications from jury service are eliminated except as provided in Rule 808.
(b) Eligible persons who are summoned may be excused from jury service only if:
(1) their ability to receive and evaluate information is too impaired that they are unable to perform their duties as jurors and they are excused for this reason by a jury commissioner or a judge;
(2) they request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused for this reason by the jury commissioner.
Excusal or Exemptions
COURT RULE: Minn. General Rule of Practice, Rule 810. Excuses and Deferrals
(a) All automatic excuses or disqualifications from jury service are eliminated except as provided in Rule 808.
(b) Eligible persons who are summoned may be excused from jury service only if:
(1) their ability to receive and evaluate information is too impaired that they are unable to perform their duties as jurors and they are excused for this reason by a jury commissioner or a judge;
(2) they request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused for this reason by the jury commissioner.
(c) Upon request from a qualified prospective juror, the jury commissioner shall determine whether the prospective juror meets the conditions for deferral set out in the jury administration plan. The deferral shall be for a reasonable time, after which the prospective juror shall be available for jury service, in accordance with the court's direction. Deferral of jury service is encouraged as an alternative to excuse from service.
(d) The reason for the excuse or deferral of any prospective juror must be entered in the jury commissioner's records.
(e) A member, officer, or employee of the legislature is excused from jury service while the legislature is in session.
(f) A candidate who has filed an affidavit of candidacy for elected office under Minnesota Statutes, chapter 103C, 122, 204B, 204D, 205, 205A, or 447 is deferred from jury service from the date of filing the affidavit until the day after the election for that office, if the person requests to be deferred for this reason.
"COURT RULE: Minn Rule 808. Qualifications for Jury Service
(a) The jury commissioner shall determine on the basis of information provided on the juror qualification questionnaire, supplemented if necessary, whether the prospective juror is qualified for jury service. This determination shall be entered on the questionnaire or other record designated by the court.
(b) To be qualified to serve as a juror, the prospective juror must be:
(1) A citizen of the United States.
(2) At least 18 years old.
(3) A resident of the county.
(4) Able to communicate in the English language.
(5) Be physically and mentally capable of rendering satisfactory jury service. A person claiming disability may be required to submit a physician's certificate as to the disability, and the Judge may inquire of the certifying physician. A prospective qualified juror who is 70 years of age or older, who requests to be excused from jury service shall be automatically excused from service without having to submit evidence of an inability to serve.
(6) A person who has had their civil rights restored if they have been convicted of a felony.
(7) A person who has not served as a state or federal grand or petit juror in the past four years.
(c) A judge, serving in the judicial branch of the government, is disqualified from jury service."
Limited Frequency of Jury Service
"(7) A person who has not served as a state or federal grand or petit juror in the past four years." (COURT RULE: Minn. Gen. R. Prac. 808)
Who handles excusals is prescribed?
**The court**
"(v) When the court excuses a prospective juror for cause, another must be drawn so that the number in the jury box remains the same as the number initially called." (Minn. R. Crim. P. 26.02)
Deferral/Postponement of jury service allowed
COURT RULE: Minn. General Rule of Practice, Rule 810. Excuses and Deferrals
(a) All automatic excuses or disqualifications from jury service are eliminated except as provided in Rule 808.
(b) Eligible persons who are summoned may be excused from jury service only if:
(1) their ability to receive and evaluate information is too impaired that they are unable to perform their duties as jurors and they are excused for this reason by a jury commissioner or a judge;
(2) they request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused for this reason by the jury commissioner.
(c) Upon request from a qualified prospective juror, the jury commissioner shall determine whether the prospective juror meets the conditions for deferral set out in the jury administration plan. The deferral shall be for a reasonable time, after which the prospective juror shall be available for jury service, in accordance with the court's direction. Deferral of jury service is encouraged as an alternative to excuse from service.
(d) The reason for the excuse or deferral of any prospective juror must be entered in the jury commissioner's records.
(e) A member, officer, or employee of the legislature is excused from jury service while the legislature is in session.
(f) A candidate who has filed an affidavit of candidacy for elected office under Minnesota Statutes, chapter 103C, 122, 204B, 204D, 205, 205A, or 447 is deferred from jury service from the date of filing the affidavit until the day after the election for that office, if the person requests to be deferred for this reason.
Number of petit jurors for jury trial is prescribed?
**6-12**
Minn. Court Rule Rule 48. Number of Jurors; Participation in Verdict
The court shall seat a jury of not fewer than six and not more than twelve members and all jurors shall participate in the verdict unless excused from service by the court pursuant to Rule 47.04. Unless otherwise provided by law or the parties otherwise stipulate, (1) the verdict shall be unanimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members.
Disclaimer
The information provided on this website does not, and is not intended to, constitute legal advice.
