78B-1-103. Jurors selected from random cross section — Opportunity and obligation to serve. (1) It is the policy of this state that: (a) persons selected for jury service be selected at random from a fair cross section of the population of the county: (b) all qualified citizens have the opportunity in accordance with this chapter […]
78B-1-104. Jury composition. (1) A trial jury consists of: (a) 12 persons in a capital case; (b) eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged; (c) six persons […]
78B-1-105. Jurors — Competency to serve — Persons not competent to serve as jurors — Court to determine disqualification. (1) A person is competent to serve as a juror if the person is: (a) a citizen of the United States; (b) 18 years of age or older; (c) a resident of the county; and (d) […]
Effective 5/9/2017 78B-1-106. Master jury list — Inclusive — Review — Renewal — Public examination. (1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list. The master jury list shall be as inclusive of the adult population as […]
Effective 5/9/2017 78B-1-107. Master prospective jury list — Juror qualification form — Content. (1) When a jury trial is anticipated, the jury clerk shall obtain from the master jury list the number of prospective jurors necessary to qualify jurors to empanel a jury in that case. (2) Prospective jurors shall be randomly selected from the […]
78B-1-108. Qualified prospective jurors not exempt from jury service. No qualified prospective juror is exempt from jury service. Renumbered and Amended by Chapter 3, 2008 General Session
Effective 5/12/2015 78B-1-109. Excuse from jury service — Postponement. (1) A court may excuse an individual from jury service: (a) upon a showing: (i) of undue hardship; (ii) of public necessity; (iii) that the individual is a mother who is breastfeeding a child; or (iv) that the individual is incapable of jury service; and (b) […]
Effective 5/8/2018 78B-1-110. Limitations on jury service. (1) In any two-year period, a person may not: (a) be required to serve on more than one grand jury; (b) be required to serve as both a grand and trial juror; (c) be required to attend court as a trial juror more than one court day, except […]
78B-1-111. Food allowance for jurors — Sequestration costs. (1) Jurors may be provided with a reasonable food allowance under the rules of the Judicial Council. (2) When a jury has been placed in sequestration by order of the court, the necessary expenses for food and lodging shall be provided in accordance with the rules of […]
78B-1-112. Jurors — Preservation of records. All records and papers compiled in connection with the selection and service of jurors shall be preserved by the clerk for four years, or for any longer period ordered by the court. Renumbered and Amended by Chapter 3, 2008 General Session
78B-1-113. Jury not selected in conformity with chapter — Procedure to challenge — Relief available — Exclusive remedy. (1) Within seven days after the moving party discovered, or by the exercise of diligence could have discovered the grounds therefore, and in any event before the trial jury is sworn to try the case, a party […]
78B-1-114. Jury fee assessments — Payment. (1) The court has discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day’s juror fees against either the plaintiff or defendant or their counsel, or to divide the cost and assess them against both plaintiff and defendant […]
Effective 5/10/2016 78B-1-115. Jurors — Penalties. (1) A person who fails to respond timely to questions regarding qualification for jury service shall be in contempt of court and subject to penalties under Title 78B, Chapter 6, Part 3, Contempt. (2) A person summoned for jury service who fails to appear or to complete jury service […]
78B-1-116. Jurors — Employer not to discharge or threaten employee for jury service — Criminal penalty — Civil action by employee. (1) An employer may not deprive an employee of employment, threaten or take any adverse employment action, or otherwise coerce the employee regarding employment because the employee receives a summons, responds to it, serves […]
Effective 5/8/2018 78B-1-117. Jurors and witnesses — State payment for jurors and subpoenaed persons — Appropriations and costs — Expenses in justice court. (1) The state is responsible for payment of all fees and expenses authorized by law for prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter costs in criminal actions in the courts […]
78B-1-118. Jurors and witnesses — Judicial Council rules governing fee payment. The Judicial Council shall adopt rules governing the method of payment of fees, mileage, and other expenses of jurors and witnesses, authorization for payment, record of payment, and the audit of payment records. Renumbered and Amended by Chapter 3, 2008 General Session
Effective 5/9/2017 78B-1-119. Jurors and witnesses — Fees and mileage. (1) Every juror and witness legally required or in good faith requested to attend a trial court of record or not of record or a grand jury is entitled to: (a) $18.50 for the first day of attendance and $49 per day for each subsequent […]
78B-1-120. Jurors and witnesses — Fees in criminal cases — Daily report of attendance. Every witness in a criminal case subpoenaed for the state, or for a defendant by order of the court at the expense of the state, and every juror, whether grand or trial, shall, unless temporarily excused, in person report daily to […]
78B-1-121. Jurors and witnesses — Statement of service — Certificate. Whenever a grand juror, or a witness for the state before the grand jury, is finally discharged, the foreman of the grand jury shall furnish to the clerk of the district court a statement containing information necessary for the clerk to make the juror’s or […]
Effective 5/12/2015 78B-1-122. Jurors and witnesses — Justice court judge — Certificate of attendance — Records and reporting. Every justice court shall follow the established disbursement process for juror and witness fees within the town, city, or county, or use the following procedure. (1) A justice court judge shall provide to each person who has […]
