|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S.B. 796 VETOES
|
|
|
|
|
|
|
|
|
inconsistent with continuation of a sworn jury until completion of an
investigation or case.
The substitution also omits the former reference to the form of notice as
unnecessarily restrictive in light of modern communication methods.
8-406. RESERVED.
8-407. RESERVED.
PART II. CHALLENGES.
8-408. IN CIVIL CASE.
(A) EXCLUSIVE PROCEDURE.
THIS SECTION SETS FORTH THE EXCLUSIVE PROCEDURE BY WHICH A PARTY IN
A CIVIL CASE MAY CHALLENGE A JURY ON THE GROUND THAT THE JURY WAS NOT
SUMMONED OR OTHERWISE SELECTED IN COMPLIANCE WITH THIS TITLE.
(B) MOTION.
(1) BEFORE EXAMINATION BEGINS IN A CIVIL CASE OR, FOR GOOD
CAUSE SHOWN, AFTER A JURY IS SWORN BUT BEFORE IT RECEIVES EVIDENCE, A
PARTY MAY MOVE TO STAY THE CASE ON THE GROUND OF SUBSTANTIAL FAILURE TO
COMPLY WITH A PROVISION OF THIS TITLE IN SELECTING THE TRIAL JURY.
(2) A MOTION UNDER THIS SECTION SHALL CONTAIN A SWORN
STATEMENT OF FACTS THAT, IF TRUE, WOULD CONSTITUTE A SUBSTANTIAL
FAILURE TO COMPLY WITH THIS TITLE.
(C) ACCESS TO RECORD.
ON A SHOWING THAT A PARTY NEEDS ACCESS TO A RECORD TO PREPARE FOR A
HEARING ON A MOTION PENDING UNDER THIS SECTION, A TRIAL JUDGE MAY ALLOW
THE PARTY TO INSPECT AND COPY THE RECORD AS NEEDED TO PREPARE.
(D) EVIDENCE.
A MOVANT WHO FILES A MOTION IN ACCORDANCE WITH THIS SECTION IS
ENTITLED TO PRESENT RELEVANT EVIDENCE IN SUPPORT OF THE MOTION,
INCLUDING:
(1) THE TESTIMONY OF THE JURY COMMISSIONER; AND
(2) RELEVANT RECORDS, WHETHER OR NOT PUBLIC, THAT THE JURY
COMMISSIONER USED.
(E) DUTY OF TRIAL JUDGE.
(1) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
§ 8-102(B) OF THIS TITLE IN SELECTING A TRIAL JURY, THE TRIAL JUDGE SHALL STAY
THE CASE PENDING SELECTION OF A TRIAL JURY IN COMPLIANCE WITH THIS TITLE.
|
|
|
|
|
|
|
|
|
|
- 3310 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
