Superior Court Rules

Superior Court Rules  Superior Court Rule 5: Jurors

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Rule 5

Persons summoned as jurors, who are excused because of any statutory exemption, shall be entitled to their fees for travel and attendance; but if excused for any other cause, or if service is postponed, it shall be on condition that no fee shall be allowed where no service is rendered, unless in any special case the court otherwise directs.

When practicable, excuses of jurors shall be presented under oath to the presiding justice in the session to which such jurors are summoned, or, where jurors are held in a central pool, to the justice in charge thereof.

If it is necessary to present such excuses before the return day of the venire, they shall be submitted to the justice assigned to sit in said session, if available, or, where jurors are held in a central pool, to the justice in charge thereof, or to the chief justice; and, if unavailable, by jurors in Suffolk to the justice presiding in the first session without jury; and by jurors in other counties to a justice holding court or resident in such county or an adjoining county. If any juror is excused in any place other than in open court, the justice excusing him shall forthwith notify the clerk of his action and the ground thereof.

The word jurors in this rule shall include grand jurors.

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