Selection Fields
Legislative Intent
N/A
Definitions
§ 494.410. Master jury list
1. The board of jury commissioners shall compile and maintain a list of potential jurors and their addresses, and shall update such list periodically in a manner to be determined by the board. The master jury list shall be comprised of not less than five percent of the total population of the county or city not within a county as determined from the last decennial census. In no event shall the master jury list contain less than four hundred names. In compiling the master jury list the board of jury commissioners shall take reasonable measures to avoid duplication of names.
2. Beginning July 1, 2004, the master jury list shall be the result of random selection of names from a minimum of two government records including, but not limited to, personal property tax list, voter’s registration list, and driver’s license records. The information furnished by the department of revenue shall not be disclosed except as allowed pursuant to federal law.
3. Whoever has custody, possession, or control of any record used in compiling the master jury list shall make the record available to the board of jury commissioners for inspection, reproduction and copying at all reasonable times.
4. The names on the master jury list shall be considered a public record. The master jury list and copies of all records used in compiling the list shall be retained by the board of jury commissioners for at least five years after compilation of the list.
Mo. Rev. Stat. § 494.415. Qualified jury list—juror qualification form, contents —postponement of service
1. From time to time and in a manner prescribed by the board of jury commissioners there shall be drawn at random from the master jury list the names or identifying numbers of as many prospective jurors as the court may require. The board of jury commissioners shall cause to be served in a manner prescribed by law for the service of summons or by ordinary mail, as determined by the board, a summons for jury service and a juror qualification form. The juror qualification form shall be approved by the circuit court en banc and shall:
(1) Contain instructions to fill out and return the form within ten days;
(2) Contain the prospective juror’s declaration that his responses are true to the best of his knowledge; and
(3) Elicit information concerning the prospective juror’s qualifications. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the juror qualification form, another person may do it for the prospective juror and shall so indicate and the reason therefor. Any prospective juror who fails to return a completed juror qualification form as instructed may be directed by the board of jury commissioners to appear forthwith to fill out a juror qualification form.
2. If it is determined from an examination of the juror qualification form that a person is not qualified to serve as a juror, that prospective juror shall be notified in a manner directed by the board of jury commissioners and shall not be required to comply with the summons for jury service. Such names shall be deleted from the master jury list.
3. Upon application by a prospective juror, the jury supervisor or board of jury commissioners, acting in accordance with written guidelines adopted by the circuit court, may postpone that prospective juror’s service to a later date.
4. Those prospective jurors not disqualified from jury service shall constitute the qualified jury list. If any prospective juror is later determined to be ineligible or disqualified, such name shall be deleted from the qualified jury list and the master jury list.
postponement of service
1. From time to time and in a manner prescribed by the board of jury commissioners there shall be drawn at random from the master jury list the names or identifying numbers of as many prospective jurors as the court may require. The board of jury commissioners shall cause to be served in a manner prescribed by law for the service of summons or by ordinary mail, as determined by the board, a summons for jury service and a juror qualification form. The juror qualification form shall be approved by the circuit court en banc and shall:
(1) Contain instructions to fill out and return the form within ten days;
(2) Contain the prospective juror’s declaration that his responses are true to the best of his knowledge; and
(3) Elicit information concerning the prospective juror’s qualifications. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the juror qualification form, another person may do it for the prospective juror and shall so indicate and the reason therefor. Any prospective juror who fails to return a completed juror qualification form as instructed may be directed by the board of jury commissioners to appear forthwith to fill out a juror qualification form.
2. If it is determined from an examination of the juror qualification form that a person is not qualified to serve as a juror, that prospective juror shall be notified in a manner directed by the board of jury commissioners and shall not be required to comply with the summons for jury service. Such names shall be deleted from the master jury list.
3. Upon application by a prospective juror, the jury supervisor or board of jury commissioners, acting in accordance with written guidelines adopted by the circuit court, may postpone that prospective juror’s service to a later date.
4. Those prospective jurors not disqualified from jury service shall constitute the qualified jury list. If any prospective juror is later determined to be ineligible or disqualified, such name shall be deleted from the qualified jury list and the master jury list.
§ 494.442. List of licensed drivers to contain Social Security numbers — numbers to be provided to board of jury commissioners — election authority to provide numbers — effective date
1. The list required by section 302.110 to be kept by the director of revenue shall, in addition to the information required under section 302.110, contain the Social Security numbers of all licensed drivers, and the Social Security numbers for all drivers who provide such numbers to the director for use as their drivers’ license numbers shall be provided to the board of jury commissioners of each county and of each city not within a county for the compilation of the master jury list pursuant to section 494.410. Notwithstanding any other provision of law to the contrary, Social Security numbers provided to the board of jury commissioners shall not be made available for public inspection but may be used by the board of jury commissioners for official use.
2. The election authority shall include the Social Security numbers of all registered voters who have provided such numbers to the election authority in any lists provided to the board of jury commissioners of each county and of each city not within a county for the compilation of the master jury list pursuant to section 494.410.
3. This section shall become effective on January 1, 1994.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Mo. Rev. Stat. § 494.410. Master jury list
1. The board of jury commissioners shall compile and maintain a list of potential jurors and their addresses, and shall update such list periodically in a manner to be determined by the board. The master jury list shall be comprised of not less than five percent of the total population of the county or city not within a county as determined from the last decennial census. In no event shall the master jury list contain less than four hundred names. In compiling the master jury list the board of jury commissioners shall take reasonable measures to avoid duplication of names.
2. Beginning July 1, 2004, the master jury list shall be the result of random selection of names from a minimum of two government records including, but not limited to, personal property tax list, voter’s registration list, and driver’s license records. The information furnished by the department of revenue shall not be disclosed except as allowed pursuant to federal law.
3. Whoever has custody, possession, or control of any record used in compiling the master jury list shall make the record available to the board of jury commissioners for inspection, reproduction and copying at all reasonable times.
4. The names on the master jury list shall be considered a public record. The master jury list and copies of all records used in compiling the list shall be retained by the board of jury commissioners for at least five years after compilation of the list.
History
Drawing of juror names from list
§ 494.420. Selection of jurors from qualified jury list
1. Those persons constituting the qualified jury list, when summoned, shall be placed under the control and supervision of the sheriff or other person designated by the board of jury commissioners in a designated area to be provided in the courthouse.
2. Whenever a judge of the circuit court shall require a panel of jurors for jury service, he shall designate the number of jurors required. This number of jurors shall be randomly selected in a manner specified by the board of jury commissioners from the qualified jury list.
§ 494.440. Data processing devices may be used in compiling lists
In compiling and maintaining a list of prospective and qualified jurors and in summoning qualified jurors for service, the board of jury commissioners may use such data processing or mechanical devices as it considers sufficient and efficient to carry out the declared policy of sections 494.400 to 494.505.
Procedure for Summoning Jurors
Mo. Rev. Stat. § 494.415. Qualified jury list—juror qualification form, contents —postponement of service
1. From time to time and in a manner prescribed by the board of jury commissioners there shall be drawn at random from the master jury list the names or identifying numbers of as many prospective jurors as the court may require. The board of jury commissioners shall cause to be served in a manner prescribed by law for the service of summons or by ordinary mail, as determined by the board, a summons for jury service and a juror qualification form. The juror qualification form shall be approved by the circuit court en banc and shall:
(1) Contain instructions to fill out and return the form within ten days;
(2) Contain the prospective juror’s declaration that his responses are true to the best of his knowledge; and
(3) Elicit information concerning the prospective juror’s qualifications. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the juror qualification form, another person may do it for the prospective juror and shall so indicate and the reason therefor. Any prospective juror who fails to return a completed juror qualification form as instructed may be directed by the board of jury commissioners to appear forthwith to fill out a juror qualification form.
2. If it is determined from an examination of the juror qualification form that a person is not qualified to serve as a juror, that prospective juror shall be notified in a manner directed by the board of jury commissioners and shall not be required to comply with the summons for jury service. Such names shall be deleted from the master jury list.
3. Upon application by a prospective juror, the jury supervisor or board of jury commissioners, acting in accordance with written guidelines adopted by the circuit court, may postpone that prospective juror’s service to a later date.
4. Those prospective jurors not disqualified from jury service shall constitute the qualified jury list. If any prospective juror is later determined to be ineligible or disqualified, such name shall be deleted from the qualified jury list and the master jury list.
Prohibition of Discrimination Against Jurors
Mo. Rev. Stat. § 494.400. Qualifications of jurors, selection, exclusions prohibited
All persons qualified for grand or petit jury service shall be citizens of the state and shall be selected at random from a fair cross section of the citizens of the county or of a city not within a county for which the jury may be impaneled, and all such citizens shall have the opportunity to be considered for jury service and an obligation to serve as jurors when summoned for that purpose, unless excused. A citizen of the county or of a city not within a county for which the jury may be impaneled shall not be excluded from selection for possible grand or petit jury service on account of race, color, religion, sex, national origin, or economic status.
Qualifications
§ 494.400. Qualifications of jurors, selection, exclusions prohibited
All persons qualified for grand or petit jury service shall be citizens of the state and shall be selected at random from a fair cross section of the citizens of the county or of a city not within a county for which the jury may be impaneled, and all such citizens shall have the opportunity to be considered for jury service and an obligation to serve as jurors when summoned for that purpose, unless excused. A citizen of the county or of a city not within a county for which the jury may be impaneled shall not be excluded from selection for possible grand or petit jury service on account of race, color, religion, sex, national origin, or economic status.
Disqualifications
§ 494.425. Persons ineligible for jury service
The following persons shall be disqualified from serving as a petit or grand juror:
(1) Any person who is less than twenty-one years of age;
(2) Any person not a citizen of the United States;
(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;
(4) Any person who has been convicted of a felony, unless such person has been restored to his civil rights;
(5) Any person unable to read, speak and understand the English language, unless such person’s inability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services;
(6) Any person on active duty in the Armed Forces of the United States or any member of the organized militia on active duty under order of the governor;
(7) Any judge of a court of record;
(8) Any person who, in the judgment of the court, is incapable of performing the duties of a juror because of mental or physical illness or infirmity. The juror or the juror’s personal representative, may provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four months.
Excusal or Exemptions
§ 494.430. Persons entitled to be excused from jury service —determinations made by judge — undue or extreme physical or financial hardship defined — documentation required, when
1. Upon timely application to the court, the following persons shall be excused from service as a petit or grand juror:
(1) Any person who has served on a state or federal petit or grand jury within the preceding two years;
(2) Any nursing mother, upon her request, and with a completed written statement from her physician to the court certifying she is a nursing mother;
(3) Any person whose absence from his or her regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest;
(4) Any person upon whom service as a juror would in the judgment of the court impose an undue or extreme physical or financial hardship;
(5) Any person licensed as a health care provider as such term is defined in section 538.205, but only if such person provides a written statement to the court certifying that he or she is actually providing health care services to patients, and that the person’s service as a juror would be detrimental to the health of the person’s patients;
(6) Any employee of a religious institution whose religious obligations or constraints prohibit their serving on a jury. The certification of the employment and obligation or constraint may be provided by the employee’s religious supervisor;
(7) Any person who is seventy-five years of age or older.
2. A judge of the court for which the individual was called to jury service shall make undue or extreme physical or financial hardship determinations. The authority to make these determinations is delegable only to court officials or personnel who are authorized by the laws of this state to function as members of the judiciary.
3. A person asking to be excused based on a finding of undue or extreme physical or financial hardship must take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty.
4. Unless it is apparent to the court that the physical hardship would significantly impair the person’s ability to serve as a juror, for purposes of sections 494.400 to 494.460 undue or extreme physical or financial hardship is limited to circumstances in which an individual would:
(1) Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury; or
(2) Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support; or
(3) Suffer physical hardship that would result in illness or disease.
5. Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.
6. A person asking a judge to grant an excuse based on undue or extreme physical or financial hardship shall provide the judge with documentation as required by the judge, such as, but not limited to, federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused. Failure to provide satisfactory documentation shall result in a denial of the request to be excused. Such documents shall be filed under seal.
7. After two years, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.
Limited Frequency of Jury Service
§ 494.445. Petit jurors, maximum number of days required to serve, exception
1. Except as otherwise provided in subsections 2 and 3, no petit juror shall be required to attend court for prospective jury service more than twenty days in any one-year period except as is necessary to complete service in a particular case.
2. Subsequent to January 1, 2005, in jurisdictions on the nonpartisan court plan, no petit juror shall be required to attend court for prospective jury service for more than two days pursuant to a jury summons unless selected to a panel of prospective jurors for jury service pursuant to subsection 2 of section 494.420, or selected to serve as a petit juror in one particular case.
3. In jurisdictions on the nonpartisan court plan, no petit juror shall be required to serve as a juror for more than twenty days in any one-year period except as is necessary to complete service in a particular case.
Who handles excusals is prescribed?
**The court**
§ 494.430. Persons entitled to be excused from jury service —determinations made by judge — undue or extreme physical or financial hardship defined — documentation required, when
1. Upon timely application to the court, the following persons shall be excused from service as a petit or grand juror:
Deferral/Postponement of jury service allowed
§ 494.432. Postponement of jury duty, when
1. Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only for reasons other than undue influence or extreme physical or financial hardship. When requested, postponements shall be granted, provided that:
(1) The prospective juror has not previously been granted a postponement;
(2) The prospective juror appears in person or contacts the board of jury commissioners by telephone, electronic mail, or in writing to request a postponement; and
(3) Prior to the grant of a postponement the court shall set the date on which the prospective juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session. If a prospective juror is a full-time student of any accredited institution, the court shall set the date on which the prospective juror will appear for jury service that is not more than twelve months after the date on which the prospective juror originally was called to serve and on which the court will be in session.
2. A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.
Number of petit jurors for jury trial is prescribed?
§ 494.485. Alternate jurors
If in any case to be tried before a jury it appears to the court to be appropriate, the court may direct that a number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be selected in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the principal jurors. Alternate jurors who do not replace principal jurors shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law for each two alternate jurors to be impaneled. The additional peremptory challenge may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against the alternates.
History
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