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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-46-1 Title.
This chapter is known as the "Jury and Witness Act."
2001
78-46-2 Jurors selected from random cross section - Opportunity and obligation to serve.
It is the policy of this state that persons selected for
jury service be selected at random from a fair cross section
of the population of the county, and that all qualified citizens
have the opportunity in accordance with this chapter to be
considered for service and have the obligation to serve when
summoned for that purpose, unless excused.
2003
78-46-3 Discrimination prohibited.
A citizen shall not be excluded or exempt from jury service
on account of race, color, religion, sex, national origin,
age, occupation, disability, or economic status.
1992
78-46-4 Definitions.
(1) "Clerk" or "clerk of the court" means the person so designated by title and includes any deputy clerk.
(2) "Court" means trial courts.
(3) "Jury" means a body of persons temporarily selected from the citizens of a particular county invested with power to present and indict a person for a public offense or to try a question of fact.
(4) "Master jury list" means the source lists as prescribed by the Judicial Council under Section 78-46-10 .
(5) "Public necessity" means circumstances in which services performed by the prospective juror to members of the public in either a public or a private capacity cannot adequately be performed by others.
(6) "Qualified jury list" means the list of prospective jurors whose names are drawn at random from the master jury list and are determined to be qualified to serve as jurors.
(7) "Trial jury" means a body of persons selected from the citizens of a particular county before a court or officer of competent jurisdiction and sworn to try and determine by verdict a question of fact.
(8) "Undue hardship" means circumstances in which the prospective juror would:
(a) be required to abandon a person under his or her personal care or incur the cost of substitute care that is unreasonable under the circumstances;
(b) suffer extreme physical hardship due to an illness, injury, or disability; or
(c) incur substantial costs or lost opportunities due
to missing an event that was scheduled prior to the initial
notice of potential jury service.
2003
78-46-5 Trial by jury.
(1) A trial jury consists of:
(a) twelve persons in a capital case;
(b) eight persons in a criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;
(c) six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;
(d) four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and
(e) eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.
(2) Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.
(3) (a) The verdict in a criminal case shall be unanimous.
(b) The verdict in a civil case shall be by not less than three-fourths of the jurors.
(4) There is no jury in the trial of small claims cases.
(5) There is no jury in the adjudication of a minor charged
with what would constitute a crime if committed by an adult.
2001
78-46-7 Persons competent to serve as jurors - Persons not competent to serve as jurors.
(1) A person is competent to serve as a juror if the person is:
(a) a citizen of the United States;
(b) 18 years of age or older;
(c) a resident of the county; and
(d) able to read, speak, and understand the English language.
(2) A person who has been convicted of a felony that has
not been expunged is not competent to serve as a juror.
2002
78-46-8 Determination on juror qualification.
The court, on its own initiative or when requested by
a prospective juror, shall determine whether the prospective
juror is disqualified from jury service. The court shall
base its decision on the information provided on the juror
qualification form, or by interview with the prospective
juror or other competent evidence. The clerk shall enter
the court's determination in the records of the court.
1992
78-46-10 Master jury list - Inclusive - Review - Renewal - Public examination.
(1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list for that county. The master jury list shall be as inclusive of the adult population of the county as is reasonably practicable.
(2) The Judicial Council shall by rule provide for the biannual review of the master jury list to evaluate its inclusiveness of the adult population of the county.
(3) Not less than once every six months the Administrative Office of the Courts shall renew the master jury list for a county by incorporating any additions, deletions, or amendments to the source lists. The Administrative Office of the Courts shall include any additional source lists designated by the Judicial Council upon the next renewal of the master jury list for a county.
(4) The person having custody, possession, or control
of any list used in compiling the master jury list shall
make the list available to the Administrative Office of the
Courts at all reasonable times without charge.
1992
78-46-12 Qualified jury list - Term of availability - Juror qualification form - Content - Joint jury list for court authorized.
(1) Prospective jurors shall be selected at random from the master jury list and, if qualified, placed on the qualified jury list. A prospective juror shall remain on the qualified jury list for no longer than six months or for such shorter period established by rule of the Judicial Council. The qualified jury list may be used by all courts within the county, but no person shall be summoned to serve as a juror in more than one court.
(2) The Judicial Council shall by rule govern the process for the qualification of jurors and the selection of qualified jurors for voir dire.
(3) The state court administrator shall develop a standard form for the qualification of jurors. The form shall include:
(a) the name, address, and daytime telephone number of the prospective juror;
(b) questions suitable for determining whether the prospective juror is competent under statute to serve as a juror; and
(c) the person's declaration that the responses to questions
on the qualification form are true to the best of the person's
knowledge.
2003
78-46-14 Qualified prospective jurors not exempt from jury service.
No qualified prospective juror is exempt from jury service.
1979
78-46-15 Excuse from jury service - Postponement.
(1) A person may be excused from jury service by the court upon a showing of undue hardship, public necessity, or that the person is incapable of jury service. The excused period may be for any period for which the grounds exist.
(2) The grounds for excusal from jury service shall be shown by affidavit, sworn testimony, or other competent evidence.
(3) The court may postpone jury service upon a showing
of good cause.
2003
78-46-16 Jury not selected in conformity with chapter - Procedure to challenge - Relief available - Exclusive remedy.
(1) Within seven days after the moving party discovered, or by the exercise of diligence could have discovered the grounds therefore, and in any event before the trial jury is sworn to try the case, a party may move to stay the proceedings or to quash an indictment, or for other appropriate relief, on the ground of substantial failure to comply with this act in selecting a grand or trial jury.
(2) Upon motion filed under this section containing a sworn statement of acts which if true would constitute a substantial failure to comply with this act, the moving party may present testimony of the county clerk, the clerk of the court, any relevant records and papers not public or otherwise available used by the jury commission or the clerk, and any other relevant evidence. If the court determines that in selecting either a grand or a trial jury there has been a substantial failure to comply with this act and it appears that actual and substantial injustice and prejudice has resulted or will result to a party in consequence of the failure, the court shall stay the proceedings pending the selection of the jury in conformity with this act, quash an indictment, or grant other appropriate relief.
(3) The procedures prescribed by this section are the
exclusive means by which a person accused of a crime, the
state, or a party in a civil case may challenge a jury on
the ground that the jury was not selected in conformity with
this act.
1989
78-46-17 Preservation of records.
All records and papers compiled in connection with the
selection and service of jurors shall be preserved by the
clerk for four years, or for any longer period ordered by
the court.
1992
78-46-19 Limitations on jury service.
In any two-year period, a person shall not be required:
(1) to serve on more than one grand jury;
(2) to serve as both a grand and trial juror; or
(3) to attend court for prospective jury service as a
trial juror more than one court day, except if necessary
to complete service in a particular case.
2001
78-46-20 Penalties.
(1) A person who fails to respond timely to questions regarding qualification for jury service shall be in contempt of court and subject to penalties under Title 78, Chapter 32, Contempt.
(2) A person summoned for jury service who fails to appear or to complete jury service as directed shall be in contempt of court and subject to penalties under Title 78, Chapter 32, Contempt.
(3) Any person who willfully misrepresents a material
fact regarding qualification for, excuse from, or postponement
of jury service is guilty of a class C misdemeanor.
2003
78-46-21 Employer not to discharge or threaten employee for jury service - Criminal penalty - Civil action by employee.
(1) An employer may not deprive an employee of employment, threaten or take any adverse employment action, or otherwise coerce the employee regarding his employment because the employee receives a summons, responds to it, serves as a juror, or a grand juror, or attends court for prospective jury or grand jury service.
(2) An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to employees under the provisions of this statute who otherwise are not entitled to those benefits under company policies.
(3) Any employer who violates this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months, or both.
(4) If any employer discharges an employee in violation
of this section, the employee within 30 days may bring a
civil action for recovery of wages lost as a result of the
violation and for an order requiring the reinstatement of
the employee. Damages recoverable may not exceed lost wages
for six weeks. If the employee prevails, the employee shall
be allowed a reasonable attorney's fee fixed by the court.
2003
78-46-24 Judicial Council rules governing jury and witness fee payment.
The Judicial Council shall adopt rules governing the method
of payment of fees, mileage, and other expenses of jurors
and witnesses, authorization for payment, record of payment,
and the audit of payment records.
2001
78-46-25 State payment for jurors and subpoenaed persons - Appropriations and costs - Expenses in justice court.
(1) The state is responsible for payment of all fees and expenses authorized by law for prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter costs in criminal actions in the courts of record and actions in the juvenile court. The state is responsible for payment of all fees and expenses authorized by law for jurors in the courts of record. For such payments, the Judicial Council shall receive an annual appropriation contained in a separate line item appropriation.
(2) If expenses exceed the line item appropriation, the administrator of the courts shall submit a claim against the state to the Board of Examiners and request the board to recommend and submit a supplemental appropriation request to the Legislature for the deficit incurred.
(3) In the justice courts, the fees, mileage, and other
expenses authorized by law for jurors, prosecution witnesses,
witnesses subpoenaed by indigent defendants, and interpreter
costs shall be paid by the municipality if the action is
prosecuted by the city attorney, and by the county if the
action is prosecuted by the county attorney or district attorney.
2001
78-46-26 Witness and jurors fees in criminal cases - Daily report of attendance.
Every witness in a criminal case subpoenaed for the state,
or for a defendant by order of the court at the expense of
the state, and every juror, whether grand or trial, shall,
unless temporarily excused, in person report daily to the
clerk his attendance at court from the time of his appearance
to the date of his discharge, and no per diem shall be allowed
for any day upon which attendance is not so reported.
2001
78-46-27 Statement of service of witness or juror - Certificate.
Whenever a grand juror, or a witness for the state before
the grand jury, is finally discharged, the foreman of the
grand jury shall furnish to the clerk of the district court
a statement containing information necessary for the clerk
to make the juror's or witness's certificate.
2001
78-46-28 Fees and mileage.
(1) Every juror and witness legally required or in good faith requested to attend a trial court of record or not of record or a grand jury is entitled to:
(a) $18.50 for the first day of attendance and $49 per day for each subsequent day of attendance; and
(b) if traveling more than 50 miles, $1 for each four miles in excess of 50 miles actually and necessarily traveled in going only, regardless of county lines.
(2) Persons in the custody of a penal institution upon conviction of a criminal offense are not entitled to a witness fee.
(3) A witness attending from outside the state in a civil case is allowed mileage at the rate of 25 cents per mile and is taxed for the distance actually and necessarily traveled inside the state in going only.
(4) If the witness is attending from outside the state in a criminal case, the state shall reimburse the witness under Section 77-21-3 .
(5) A prosecution witness or a witness subpoenaed by an indigent defendant attending from outside the county but within the state may receive reimbursement for necessary lodging and meal expenses under rule of the Judicial Council.
(6) There is created within the General Fund, a restricted
account known as the CASA Volunteer Account. A juror may
donate the juror's fee to the CASA Volunteer Account in $18.50
or $49 increments. The Legislature shall annually appropriate
money from the CASA Volunteer Account to the Administrative
Office of the Courts for the purpose of recruiting, training,
and supervising volunteers for the Court Appointed Special
Advocate program established pursuant to Section
78-3a-912
.
2001
78-46-29 Food allowance for jurors - Sequestration costs.
(1) Jurors may be provided with a reasonable food allowance under the rules of the Judicial Council.
(2) When a jury has been placed in sequestration by order
of the court, the necessary expenses for food and lodging
shall be provided under the rules of the Judicial Council.
2001
78-46-30 Witness fees in civil cases - How paid - Taxed as costs.
The fees and compensation of witnesses in all civil causes
shall be paid by the party who causes the witnesses to attend.
A witness is not obliged to attend court in a civil cause
when subpoenaed unless his fees for one day's attendance
are tendered or paid to him on demand, or his fees for attendance
for each day are tendered or paid to him on demand. The fees
of witnesses paid in civil causes may be taxed as costs against
the losing party.
2001
78-46-31 Justice court judge - Certificate of attendance - Records and reporting.
(1) Every justice court judge shall give to each person who has served before him as a juror or as a witness in a criminal cause when summoned for the prosecution by the county or city attorney, or for the defense by order of the court, a numbered certificate, in which must be stated:
(a) the name of the juror or witness;
(b) the title of the proceeding;
(c) the number of days in attendance;
(d) the number of miles traveled if the witness has traveled more than 50 miles in going only; and
(e) the amount due.
(2) The certificate shall be presented to the county or city attorney. When certified by him as being correct, it shall be presented to the county or city auditor and when allowed by the county executive or town council, the auditor shall draw his warrant for it on the treasurer.
(3) Every justice court judge shall keep a record of all
certificates issued by him. The record shall show all of
the facts stated in each certificate. On the first Monday
of each month he shall file with the treasurer a detailed
statement of all certificates issued.
2001
78-46-32 When criminal defense witness may be called at expense of state.
A witness for a defendant in a criminal cause may not be subpoenaed at the expense of the state, county, or city, except upon order of the court. The order shall be made only upon affidavit of the defendant, showing:
(1) the defendant is impecunious and unable to pay the per diems of the witness;
(2) the evidence of the witness is material for defendant's defense as he is advised by his counsel, if he has counsel; and
(3) the defendant cannot safely proceed to trial without
the witness.
2001
78-46-33 Expenses for expert witnesses.
(1) The court may appoint any expert witness agreed upon by the parties or of its own selection. The court shall inform the expert of required duties in writing and a copy shall be filed with the court record.
(2) The appointed expert shall advise the court and the parties of findings and may be called to testify by the court or by any party. The expert witness is subject to cross-examination by each party.
(3) The court shall determine the reasonable compensation of the expert and order payment. The parties may call expert witnesses of their own at their own expense. Upon a showing that a defendant is financially unable to pay the compensation of an expert whose services are necessary for an adequate defense, the compensation shall be paid as if the expert were called on behalf of the prosecution.
(4) Payment by the court for an expert witness in a criminal
case is limited to the fee and mileage allowance for witnesses
under Section
78-46-28
and necessary meals and lodging expenses as
provided by rule of the Judicial Council. Compensation of
an expert witness beyond the statutory fee and mileage allowance
shall be paid by the parties under Subsection (3).
2001
78-46-34 Officials subpoenaed not entitled to fee or per diem - Exception.
No officer of the United States, or of the State of Utah,
or of any county, incorporated city or town within the State
of Utah, shall receive any witness fee or per diem when testifying
in a criminal proceeding unless the officer is required to
testify at a time other than during his or her normal working
hours.
2001
78-46-35 Only one fee per day allowed.
No witness shall receive fees in more than one criminal
cause on the same day.
2001
78-46-36 Interpreters' fees taxed as costs.
Interpreters and translators, including those skilled
in foreign languages and communication with the deaf, shall
be allowed such compensation for their services as the court
may allow, to be taxed and collected as other costs.
2001
78-46-37 Jury fee assessments - Payment.
(1) The court has discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees against either the plaintiff or defendant or their counsel, or to divide the cost and assess them against both plaintiff and defendant or their counsel, or additional parties plaintiff or defendant, if:
(a) a jury demand has been made and is later withdrawn within the 48 hours preceding the commencement of the trial; or
(b) the case is settled or continued within 48 hours of trial without just cause for not having settled or continued the case prior to the 48-hour period.
(2) The party assessed shall make payment to the clerk of the court within a prescribed period. Payment shall be enforced by contempt proceedings.
(3) The court clerk shall transfer the assessment to the
state treasury, or the auditor of the city or county incurring
the juror expenses.
2001
78-46-38 Statement of certificates - Contents - Payment by state.
At the end of each quarter it shall be the duty of the
county treasurer and the county auditor of each county to
prepare in duplicate and verify under oath a full and complete
itemized statement of all certificates issued by the clerk
of the district court since the date of the last statement
for mileage and attendance of grand jurors, for mileage and
attendance of trial jurors engaged in the trial of criminal
causes in the district court, and for mileage and attendance
of witnesses summoned by or on behalf of the state in criminal
causes in the district court. The statement shall set forth
in detail the number of each certificate, the date of same,
the name of the person in whose favor issued, the nature
of the service rendered, and such other information as may
be necessary and required by the state auditor. Within 30
days of the end of the quarter one of these statements shall
be transmitted to the state auditor and the other shall be
filed in the office of the county clerk. Upon the timely
receipt of this statement by the state auditor he shall,
unless he finds the same to be incorrect, draw his warrant
in favor of the county treasurer upon the state treasurer
for the whole amount of jurors' and witnesses' certificates
as shown by the statement, and shall transmit the same to
the county treasurer. The county treasurer shall hold the
funds drawn from the state treasury upon the certificates
for mileage and attendance of jurors and witnesses as a separate
fund for the redemption of jurors' and witnesses' certificates.
2001
78-46-39 Witnesses or jurors - Certifying excessive fees a felony.
Every clerk or judge of any court, county attorney, district
attorney, or other officer who shall certify as a fact any
matter which he knows to be untrue, whereby any witness or
juror shall be allowed a greater sum than he would otherwise
be entitled to under the provisions of this title, is guilty
of a felony.
2001
78-46-40 Purchase of certificate forbidden.
No person connected officially with any of the district
courts of this state, and no state, district, county or precinct
officer, shall purchase or cause to be purchased any certificate
issued to any juror or witness under the provisions of this
title. Any person who violates the provisions of this section
is guilty of a misdemeanor.
2001
78-46-41 Limit of time for presentation of certificate.
Any holder of a witness's or juror's certificate specified
in this title shall be required to present it to the county
treasurer or to the county auditor, as the case may be, of
the county where such certificate was issued within one year
from the date of its issuance. If the same shall not be presented
for payment within that time, it shall be invalid and shall
not be paid.
2001
