California Code of Civil Procedure. California

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      (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)

      192. This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the state.

      (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)

      193. Juries are of three kinds:

      (a) Grand juries established pursuant to Title 4 (commencing with Section 888) of Part 2 of the Penal Code.

      (b) Trial juries.

      (c) Juries of inquest.

      (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)

      194. The following definitions govern the construction of this chapter:

      (a) “County” means any county or any coterminous city and county.

      (b) “Court” means a superior court of this state, and includes, when the context requires, any judge of the court.

      (c) “Deferred jurors” are those prospective jurors whose request to reschedule their service to a more convenient time is granted by the jury commissioner.

      (d) “Excused jurors” are those prospective jurors who are excused from service by the jury commissioner for valid reasons based on statute, state or local court rules, and policies.

      (e) “Juror pool” means the group of prospective qualified jurors appearing for assignment to trial jury panels.

      (f) “Jury of inquest” is a body of persons summoned from the citizens before the sheriff, coroner, or other ministerial officers, to inquire of particular facts.

      (g) “Master list” means a list of names randomly selected from the source lists.

      (h) “Potential juror” means any person whose name appears on a source list.

      (i) “Prospective juror” means a juror whose name appears on the master list.

      (j) “Qualified juror” means a person who meets the statutory qualifications for jury service.

      (k) “Qualified juror list” means a list of qualified jurors.

      (l) “Random” means that which occurs by mere chance indicating an unplanned sequence of selection where each juror’s name has substantially equal probability of being selected.

      (m) “Source list” means a list used as a source of potential jurors.

      (n) “Summons list” means a list of prospective or qualified jurors who are summoned to appear or to be available for jury service.

      (o) “Trial jurors” are those jurors sworn to try and determine by verdict a question of fact.

      (p) “Trial jury” means a body of persons selected from the citizens of the area served by the court and sworn to try and determine by verdict a question of fact.

      (q) “Trial jury panel” means a group of prospective jurors assigned to a courtroom for the purpose of voir dire.

      (Amended by Stats. 2002, Ch. 784, Sec. 39. Effective January 1, 2003.)

      195. (a) In each county, there shall be one jury commissioner who shall be appointed by, and serve at the pleasure of, a majority of the judges of the superior court. In any county where there is a superior court administrator or executive officer, that person shall serve as ex officio jury commissioner. In any court jurisdiction where any person other than a court administrator or clerk/administrator is serving as jury commissioner on the effective date of this section, that person shall continue to so serve at the pleasure of a majority of the judges of the appointing court.

      (b) Any jury commissioner may, whenever the business of court requires, appoint deputy jury commissioners. Salaries and benefits of those deputies shall be fixed in the same manner as salaries and benefits of other court employees.

      (c) The jury commissioner shall be primarily responsible for managing the jury system under the general supervision of the court in conformance with the purpose and scope of this act. He or she shall have authority to establish policies and procedures necessary to fulfill this responsibility.

      (Amended by Stats. 2002, Ch. 784, Sec. 40. Effective January 1, 2003.)

      196. (a) The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or may be summoned for jury service. The commissioner or the court may require any person to answer, under oath, orally or in written form, all questions as may be addressed to that person, regarding the person’s qualifications and ability to serve as a prospective trial juror. The commissioner and his or her assistants shall have power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties.

      (b) Response to the jury commissioner or the court concerning an inquiry or summons may be made by any person having knowledge that the prospective juror is unable to respond to such inquiry or summons.

      (c) Any person who fails to respond to jury commissioner or court inquiry as instructed, may be summoned to appear before the jury commissioner or the court to answer the inquiry, or may be deemed to be qualified for jury service in the absence of a response to the inquiry. Any information thus acquired by the court or jury commissioner shall be noted in jury commissioner or court records.

      (Amended by Stats. 2003, Ch. 149, Sec. 6. Effective January 1, 2004.)

      197. (a) All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists.

      (b) The list of registered voters and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. These two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).

      (c) The Department of Motor Vehicles shall furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are age 18 years or older and who are holders of a current driver’s license or identification card issued pursuant to Article 3 (commencing with Section 12800) of, or Article 5 (commencing with Section 13000) of, Chapter 1 of Division 6 of the Vehicle Code. The conditions under which these lists shall be compiled semiannually shall be determined by the director, consistent with any rules which may be adopted by the Judicial Council. This service shall be provided by the Department of Motor Vehicles pursuant to Section 1812 of the Vehicle Code. The jury commissioner shall not disclose the information furnished by the Department of Motor Vehicles pursuant to this section to any person, organization, or agency.

      (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)

      198. (a) Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and СКАЧАТЬ