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MA H1354

MA H1354
Relative to juries and the Office of the Jury Commissioner


summary

Introduced
01/20/2015
In Committee
06/25/2015
Crossed Over
01/28/2016
Passed
02/01/2016
Dead
Signed/Enacted/Adopted
02/10/2016

Introduced Session

189th General Court

Bill Summary

Relative to the selection and qualification of jurors. The Judiciary.

AI Summary

This bill proposes several changes to jury selection and trial procedures, primarily by amending Chapter 234A of the General Laws. It introduces a new section prohibiting questioning jurors about their background after they've received a summons, except as otherwise allowed by law. The bill also outlines procedures for summoning jurors from bystanders or the county at large if the initial jury pool is insufficient, requiring an affidavit from a jury pool officer and a judge's finding before additional jurors are called. Furthermore, it expands the scope of juror examination (voir dire) to include questions about potential biases stemming from extraneous influences like community attitudes or exposure to prejudicial material, and in criminal cases, ensures jurors understand the presumption of innocence and the burden of proof. For civil and criminal superior court jury trials, parties' attorneys will be allowed to conduct oral examinations of prospective jurors, subject to court-imposed limitations. The bill also specifies that each party in a civil case gets four peremptory challenges, clarifies that a juror's liability to pay taxes in a potentially benefited municipality is not grounds for challenge in certain cases, and allows juries in civil cases to view premises or property related to the case, with costs potentially recoverable. Finally, it addresses situations where a jury cannot reach a verdict, allowing them to be sent out again only once without their consent after further instructions, and mandates that in civil actions, a five-sixths majority vote is sufficient for a verdict. It also provides a mechanism to set aside a verdict if a party improperly treats a juror.

Committee Categories

Justice

Sponsors (2)

Last Action

Signed by the Governor, Chapter 36 of the Acts of 2016 (on 02/10/2016)

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