§612-19  Summoning of prospective jurors. 
(a)  When so ordered by the court, the clerk shall transmit to the chief of
police or a bailiff the names of prospective jurors to be summoned.  The chief
of police or bailiff, either personally or through an authorized subordinate,
shall summon the persons named to attend the court by giving personal notice to
each of the time and place of required appearance as fixed by order of the
court.  The court may order the summoning of prospective jurors by any officer
of the court, and the service of summons by any form of personal notice,
including notice by telephone.



(b)  A prospective juror who, wilfully or
without reasonable excuse, fails to attend after receipt of a summons by the
court may be arrested and punished for contempt.



(c)  The clerk may place in the qualified jury
wheel for further service in the ensuing jury year the name of any prospective
juror who wilfully or without reasonable excuse failed to attend after receipt
of a summons by the court. [L 1973, c 191, pt of §1; am L 1996, c 136, §2; am L
2007, c 122, §14]



 



Case Notes



 



  It is the right of defendant to have jury drawn from jurors
duly summoned, until the array is exhausted by challenges.  3 H. 154, 165; 7 H.
352.  In the absence of a law saying when jurors should be summoned, held that
they should be summoned within a reasonable time before the term.  4 H. 439. 
Where a venire for named persons selected under the statute was issued and also
an open venire, with oral order to summon the same persons, it is immaterial
whether the latter was invalid or whether an open venire could issue at all
under our statutes, if the venire under the statute was valid.  15 H. 602, 604.