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Challenging compliance with selection procedures - 42 Pa. Cons. Stat. § 4526Legal Research Home > Pennsylvania Statutes
§ 4526. Challenging compliance with selection procedures.
(a) Challenge to array.--Within ten days after publication
of the array a party to a matter on a then published list of
cases scheduled for jury trial may petition the court to stay
the proceedings in the case where he is a party and to select a
new jury array, or for other appropriate relief, on the ground
of failure to substantially comply with this subchapter.
(b) Hearing on petition.--At the hearing on the petition
filed under subsection (a), the moving party is entitled to
present in support of the petition the testimony of the jury
commissioners or their clerks, any relevant records and papers
not public or otherwise available used by the jury commissioners
or their clerks and any other relevant evidence. If the court
determines that in selecting persons to fill the array the
commissioners have failed to substantially comply with this
subchapter, the court shall stay the proceedings requiring the
service of jurors pending the selection of a new array in
conformity with this subchapter or may grant other appropriate
relief.
(c) Exclusive remedy.--Unless and until suspended or
superseded by general rules, the procedures prescribed by this
section are the exclusive means by which a person accused of a
crime, the Commonwealth or a party in a civil case may challenge
an array of jurors on the ground that the array was not selected
in conformity with this subchapter.
(d) Records.--The contents of any records or papers used by
the jury commissioners or their clerks in connection with the
selection process and not made public under this subchapter
shall not be disclosed (except in connection with the
preparation or presentation of a petition filed under subsection
(a)) until after the list of qualified jurors or jury wheel has
been emptied and refilled and all persons selected to serve as
jurors before the list of qualified jurors or jury wheel was
emptied have been discharged.
(e) Challenge to panel of jurors.--A jury panel for the
trial of any case may be challenged only on the grounds that it
was not selected at random from the array. Such challenge must
be made by a party immediately after the panel of jurors has
been selected by the administrative staff of the court and
before interrogation of jurors commences.
(f) Other challenges.--Nothing in this subchapter shall
affect the existing practice with respect to peremptory
challenges and challenges for cause.
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Last modified: November 27, 2007 |
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