Back to Main Page / Back to List of Rules

Rule 545. Jury Trial Day

TEXT

The justice shall, on the first day of the term, fix a day for taking up the jury cases, if any, pending for trial at such term, and he may fix said first day of the term for that purpose.

Source: Art. 2412, unchanged.

For context only: Art. 2413. Summons for Jury. Whenever at any term of a justice court there may be any jury cases pending for trial, the justice shall order the sheriff or constable to summon such number of legally qualified jurors as he may deem necessary, to attend as a jury before such justice at a day and place directed. The justice, on delivering such order to the officer, shall administer to him the following oath: "You do solemnly swear that you will, to the best of your skill and ability, and without bias or favor toward any party, summon such jurors as may be ordered by the court; that you will select none but impartial, sensible and sober men, having the qualifications of jurors under the law; that you will not, directly or indirectly, converse or communicate with any juryman, touching any case pending for trial; and that you will not, by any means, attempt to influence, advise or control any juryman in his opinion in any case which may be tried by him. So help you God."

For context only: Art. 2414. Summoning Jury. The officer shall immediately summon the required number of jurors to appear before the justice at the day and place named. Such summons shall be by an oral notice by the officer to the juror that he is required to appear as a juror before such justice on the day and at the place named.

For context only: Art. 2415. Jurors Called. At the time fixed for taking up the jury cases, the justice shall proceed to call the names of the jurors so summoned.

For context only: Art. 2416. Excuses. The court may hear any reasonable excuse of a juror, supported by oath, and may excuse him for the trial of any particular case, or for one or more days of the term.

For context only: Art. 2417. Defaulting Jurors. If any person so summoned as a juror shall fail or refuse to attend, the justice shall enter a fine nisi against him not exceeding five dollars, to the use of the county, to be made final, with costs, unless such person shall, after being cited to do so, show a good and sufficient excuse for such failure.

For context only: Art. 2418. Talesmen. If the number of jurors present and not excused be less than six, or less than the justice shall deem necessary, he shall order the sheriff or constable to summon a sufficient number of other qualified jurors.

Note: See Rule 550.

Oct. 29, 1940, eff. Sept. 1, 1941.