Selection Fields
Legislative Intent
3-15-301 Who competent — duty to serve.
It is the policy of this state that all qualified citizens have an obligation to serve on juries upon being summoned for jury duty, unless excused. Except as provided in 3-15-303, a person is competent to act as a juror if the person is:
(1) 18 years of age or older;
(2) a resident for at least 30 days of the state and of the city, town, or county in which the person is called for jury duty; and
(3) a citizen of the United States.
Definitions
3-15-101 Jury defined.
A jury is a body of persons temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense or to try a question of fact.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Mont. Code 3-15-402 Selection of qualified persons.
The secretary of state shall select from the most recent list of all registered active electors, as defined in 13-1-101, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. On or before the second Monday of April of each year, the secretary of state shall deliver the list to the office of court administrator. The office of court administrator shall then combine the resulting list with the list submitted to the office of court administrator under 61-5-127, ensuring that a person’s name does not appear on the combined list more than once. Each name appearing on the combined list must be assigned a number that must be placed opposite the name on the combined list and must be considered the number of the juror opposite whose name it appears. A person’s name may not appear on a combined list for more than one court during a 1-year term.
3-15-403 Jury lists — filing — public inspection.
(1) On or before the first Monday in May, the combined list prepared under 3-15-402 must be delivered by the office of court administrator to the clerk of the district court and filed by the clerk of the district court in the clerk of the district court’s office no later than 5 business days after the receipt of the combined list.
(2) A copy of the latest jury lists filed under subsection (1) and compiled under 3-15-404 and 46-17-202 and a description of the approved computerized random selection process, if one is used, must be kept in the office of the clerk of the district court. An excerpt, listing the name, address, and birth year of all jurors, must be made available for public inspection during normal business hours.
Drawing of juror names from list
Mont. Code 3-15-402 Selection of qualified persons.
The secretary of state shall select from the most recent list of all registered active electors, as defined in 13-1-101, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. On or before the second Monday of April of each year, the secretary of state shall deliver the list to the office of court administrator. The office of court administrator shall then combine the resulting list with the list submitted to the office of court administrator under 61-5-127, ensuring that a person’s name does not appear on the combined list more than once. Each name appearing on the combined list must be assigned a number that must be placed opposite the name on the combined list and must be considered the number of the juror opposite whose name it appears. A person’s name may not appear on a combined list for more than one court during a 1-year term.
3-15-404 Duty of jury commissioner — jury box or computer database.
(1) The clerk of court is the jury commissioner and may appoint a deputy pursuant to 7-4-2401.
(2) A county jury commissioner may by order establish the use of either a jury box, as provided in subsection (3), or a computer database, as provided in subsection (4), as the means for selecting jurors in the county.
(3) If a county uses a jury box for selection of jurors, the jury commissioner shall prepare and keep a jury box and contents as prescribed in this subsection. The number of each juror must be written, typed, or stamped on a slip of paper or other suitable material, identical in all respects to the slips used for the other numbers. The slips must be placed in a box of ample size to permit them to be thoroughly mixed. The box must be plainly marked “jury box". The slips may be used as often as necessary, except that none may be used that is in any manner defaced or disfigured or so marked that it may be recognized or distinguished from the others in the jury box except by the number on the slip. The box may contain only one slip for each number corresponding to the number before the name of each juror on the jury list filed under 3-15-403.
(4) If a county uses a computer database for selection of jurors, the jury commissioner shall cause the list of jurors filed under 3-15-403 to be entered into a computerized database.
(5) A person’s name may not appear on a jury list for more than one court during a 1-year term.
(6) The clerk of court shall prepare a list of persons to serve as trial jurors for the ensuing year for the district court or each division of the district court. On or before the second Monday of June, the clerk of court shall prepare the jury list pursuant to 46-17-202.
(7) If the clerk of court is satisfied that a person whose name is drawn is deceased, is mentally incompetent, has permanently moved from the county, or has been permanently excused under the provisions of 3-15-313, the person’s name must be omitted from the jury list. The reason for the omission must be recorded.
3-15-503 Drawing — how conducted.
(1)
(a) If the drawing of jurors is conducted by means of a jury box, the jury commissioner shall place the box on a rod so that it may readily revolve. The box must be revolved a sufficient number of times to ensure that the numbered slips in it become thoroughly mixed. The jury commissioner shall then draw from the box, one at a time, as many of the numbered slips as are ordered by the court.
(b) If the drawing of jurors is conducted by means of a computerized database, it must be conducted by use of a computerized random selection process that the judges of the district court of the county have approved in writing as satisfactorily fulfilling the requirements for the drawing of trial juries.
(2) A record of the drawing must be entered in the minutes of the court. It must show the names of the jurors corresponding to the numbers drawn from the jury box or the names drawn by means of the computerized random selection process.
Procedure for Summoning Jurors
3-15-405 Notice to jurors.
The clerk of court shall serve notice by mail on the persons drawn as jurors and require the persons to respond by mail as to their qualifications to serve as jurors. The clerk of court may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service provided for in 3-15-313. If a person fails to respond to the notice, the clerk shall certify the failure to the sheriff, who shall serve the notice personally on the person and make reasonable efforts to require the person to respond to the notice.
3-15-507 Clerk to call list of jurors summoned.
On the day that trial jurors have been summoned to appear, the clerk shall call the names of those summoned and not excused.
3-15-601 When and how drawn and summoned.
(1) Whenever in the opinion of the district court judge a grand jury is necessary, the judge shall make an order directing a grand jury to be drawn and summoned to attend before the court. The order must specify the number of jurors to be drawn, which may not be less than 15 or more than 20.
(2) The jurors must be drawn from the jury box or the computer database provided for in 3-15-404. If jurors are selected from the computer database, it must be through a computerized random selection process that the judges of the district court of the county have approved in writing as the requirements for the drawing of grand juries. A copy of the latest jury list and a description of the approved computer process employed in the selection must be kept in the office of the clerk of court and must be available for public inspection during normal business hours.
(3) The list of names must be certified and the jurors summoned in the same manner as for trial jurors. The names or numbers of any persons drawn who are not impaneled on the grand jury must be returned to the jury box or reinstated on the computer database.
3-15-702 How to be summoned.
Such jurors must be summoned from the persons competent to serve as jurors, residents of the county, city, or town in which such court has jurisdiction, by notifying them orally or by mail that they are summoned and of the time and place at which their attendance is required
3-15-701 When and by whom jurors summoned.
When jurors are required in any court of limited jurisdiction, they:
(1) must, upon the order of the judge, be summoned by a sheriff, constable, marshal, or police officer of the jurisdiction; or
(2) may be summoned by the judge of the court of limited jurisdiction or by the clerk of that court.
3-15-704 Forming jury.
At the time appointed for a jury trial in a justice’s or city court or any other court of limited jurisdiction, the list of jurors summoned must be called. The jurors summoned shall be 12 in number or double the number agreed upon by the parties before the trial. The names of those attending and not excused must be written upon separate slips of paper, which slips must be folded so as to conceal the names, and placed in a box from which the trial jury must be drawn.
Prohibition of Discrimination Against Jurors
N/A
Qualifications
3-15-301 Who competent — duty to serve.
It is the policy of this state that all qualified citizens have an obligation to serve on juries upon being summoned for jury duty, unless excused. Except as provided in 3-15-303, a person is competent to act as a juror if the person is:
(1) 18 years of age or older;
(2) a resident for at least 30 days of the state and of the city, town, or county in which the person is called for jury duty; and
(3) a citizen of the United States.
Disqualifications
3-15-303 Who not competent.
A person is not competent to act as juror:
(1) who does not possess the qualifications prescribed by 3-15-301; or
(2) who has been convicted of malfeasance in office or any felony or other high crime.
Excusal or Exemptions
3-15-313 Who may be excused — affidavit to claim excuse — permanent exclusion for chronically incapacitated.
(1) The court or the jury commissioner with the approval of the court shall excuse a person from jury service upon finding that jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person. An excuse may be granted if the prospective juror is a breastfeeding mother or otherwise has a personal obligation to provide actual and necessary care to another, including a sick, aged, or special needs dependent who requires the prospective juror’s personal care and attention, and comparable substitute care is either unavailable or impractical without imposing an undue economic hardship on the prospective juror or dependent person.
(2) If a person believes jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person, the person may make and transmit an affidavit to the jury commissioner for which the person is summoned, stating the person’s occupation or other facts that the person believes will excuse the person from jury service. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or the jury commissioner with the approval of the court shall excuse a prospective juror from jury service if the prospective juror satisfies the provisions of subsection (1).
(3) A person who is chronically incapacitated by illness or injury may request a permanent exclusion from jury service by making and transmitting an affidavit to the jury commissioner of the person’s place of residence. The affidavit must include a certification by the person’s physician that the person is chronically incapacitated by illness or injury. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or jury commissioner with the approval of the court may permanently excuse a prospective juror from jury service if the prospective juror satisfies the provisions of this subsection (3).
(4) For purposes of subsection (3), a person is chronically incapacitated if the person has a condition due to an illness or injury that restricts the person’s ability to leave the person’s place of residence without the aid of supportive devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the person’s ability to leave home without the use of special transportation or the assistance of another person, or that causes leaving home to be medically contraindicated. Examples of factors to be taken into account in determining whether chronic incapacitation exists include but are not limited to the following:
(a) paralysis by a stroke or other cause;
(b) blindness;
(c) senility;
(d) loss of the use of a person’s extremities requiring the assistance of another in leaving the person’s place of residence;
(e) arteriosclerotic heart disease of such severity that a person is required to avoid all stress and physical activity; or
(f) a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such a nature that it would not be considered safe for the person to leave home unattended, even if there are no physical limitations.
Limited Frequency of Jury Service
N/A
Who handles excusals is prescribed?
**The court or the jury commissioner with the approval of the court** 3-15-313 Who may be excused — affidavit to claim excuse — permanent exclusion for chronically incapacitated.
(1) The court or the jury commissioner with the approval of the court shall excuse a person from jury service upon finding that jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person. An excuse may be granted if the prospective juror is a breastfeeding mother or otherwise has a personal obligation to provide actual and necessary care to another, including a sick, aged, or special needs dependent who requires the prospective juror’s personal care and attention, and comparable substitute care is either unavailable or impractical without imposing an undue economic hardship on the prospective juror or dependent person.
(2) If a person believes jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person, the person may make and transmit an affidavit to the jury commissioner for which the person is summoned, stating the person’s occupation or other facts that the person believes will excuse the person from jury service. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or the jury commissioner with the approval of the court shall excuse a prospective juror from jury service if the prospective juror satisfies the provisions of subsection (1).
(3) A person who is chronically incapacitated by illness or injury may request a permanent exclusion from jury service by making and transmitting an affidavit to the jury commissioner of the person’s place of residence. The affidavit must include a certification by the person’s physician that the person is chronically incapacitated by illness or injury. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or jury commissioner with the approval of the court may permanently excuse a prospective juror from jury service if the prospective juror satisfies the provisions of this subsection (3).
(4) For purposes of subsection (3), a person is chronically incapacitated if the person has a condition due to an illness or injury that restricts the person’s ability to leave the person’s place of residence without the aid of supportive devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the person’s ability to leave home without the use of special transportation or the assistance of another person, or that causes leaving home to be medically contraindicated. Examples of factors to be taken into account in determining whether chronic incapacitation exists include but are not limited to the following:
(a) paralysis by a stroke or other cause;
(b) blindness;
(c) senility;
(d) loss of the use of a person’s extremities requiring the assistance of another in leaving the person’s place of residence;
(e) arteriosclerotic heart disease of such severity that a person is required to avoid all stress and physical activity; or
(f) a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such a nature that it would not be considered safe for the person to leave home unattended, even if there are no physical limitations.
History
Deferral/Postponement of jury service allowed
N/A
Number of petit jurors for jury trial is prescribed?
3-15-106 Number of a trial jury.
(1) A trial jury consists of 12 persons or, with the approval of the court, it may consist of any number less than 12 upon which the parties agree in open court.
(2) In all civil actions where the relief asked for in the complaint is under the sum of $ 10,000, a trial jury may, in the discretion of the trial judge, consist of six persons and two-thirds of the jury may render a verdict.
3-15-602 Who constitutes jury.
(1) When 11 of the persons summoned as grand jurors who are competent and not excused are present, they constitute the grand jury.
(2) When more than 11 are present, the jury commissioner shall write their names on separate ballots and place the ballots in black capsules. The capsules must be deposited in a box large enough to hold all of the capsules without crowding. The box must be arranged so that the jury commissioner drawing the capsules from the box is unable to see the capsule that the commissioner is about to draw. The jury commissioner shall draw 11 capsules. The persons whose names are on the ballots so drawn shall constitute the grand jury.
(3) When less than 11 are present, the court shall order a sufficient number to be immediately drawn as provided in 3-15-601(2) and summoned to attend the court.
Disclaimer
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