(1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.
(2) A challenge to the panel shall be made before the voir dire examination of the jury.
(3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:
(a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and
(b) Grant such other relief as may be appropriate.
(4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]Section: Previous 136.001 136.005 136.010 136.020 136.030 136.040 136.050 136.060 136.070 136.080 136.090 136.100 136.110 136.120 136.130 Next
Last modified: August 7, 2008