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756.06

756.06 Jury selection.

756.06(1)

(1) Whenever an issue is to be tried before a jury, the clerk of circuit court shall randomly select names from the jury venire until the desired number is obtained to create the jury panel. The random selection of names may include the provision that jurors reporting for service who have not been considered for assignment to a panel be considered before other jurors are considered for a second panel.

756.06(2)

(2)

756.06(2)(a)

(a) A jury in a felony case shall consist of 12 persons unless both parties agree on a lesser number as provided in s. 972.02.

756.06(2)(am)

(am) A jury in a misdemeanor case shall consist of 12 persons.

756.06 - ANNOT.

NOTE: The provision that a jury in a misdemeanor case shall consist of 6 persons was held to violate Article I, s. 7 of the Wisconsin Constitution by the Supreme Court in State v. Hansford., 219 Wis. 2d 226 (1998).

756.06(2)(b)

(b) Except as provided in par. (c) and ss. 980.05 (2) and (2m) (c), 980.09 (3), and 980.095 (1), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.

756.06(2)(c)

(c) A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 shall consist of 6 persons.

756.06(2)(d)

(d) This subsection does not apply to cases under ch. 938.

756.06 - ANNOT.

History: 1977 c. 187 s. 95; Stats. 1977 s. 756.06; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2005 a. 434; Sup. Ct. Order No. 08-01, 2008 WI 102, filed 7-17-08, eff. 1-1-09.

756.06 - ANNOT.

Judicial Council Note, 1996: Based on prior s. 756.096, this section implements ABA Standard 17. [Re SCO No. 96-08 eff. 7-1-97]