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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : JURIES
Chapter : Chapter 494 General Provisions as to Juries
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All persons qualified for grand or petit jury service shall be
citizens of the state and shall be selected at random from a fair cross
section of the citizens of the county or of a city not within a county
for which the jury may be impaneled, and all such citizens shall have the
opportunity to be considered for jury service and an obligation to serve
as jurors when summoned for that purpose, unless excused. A citizen of
the county or of a city not within a county for which the jury may be
impaneled shall not be excluded from selection for possible grand or
petit jury service on account of race, color, religion, sex, national
origin, or economic status. (L. 1989 S.B. 127, et al., A.L. 2004 S.B.
1211)
1. There is hereby created in each county, and each city not
within a county, a board of jury commissioners. The board shall be
responsible for managing and supervising the jury selection process. A
majority of the members of the board shall constitute a quorum for the
transaction of business. The time, place and manner of meetings of the
board and the rules for performing its duties shall be fixed by the board.
2. The board of jury commissioners shall be comprised of the presiding
judge of the circuit, or a circuit or associate circuit judge of the
circuit designated by the presiding judge, the clerk of the circuit
court, and the county clerk. The judge member of the board of jury
commissioners shall be the presiding officer. In counties of the first
class having charter forms of government and in any city not within a
county, the circuit court en banc shall constitute the board of jury
commissioners, and the presiding judge of the court en banc shall
preside. Nothing herein shall be construed to diminish the statutory term
of office or the statutory compensation of any person currently serving
as jury commissioner.
3. The clerk and deputy circuit clerks of the circuit court shall assist
the board of jury commissioners in clerical and administrative duties as
specified by the board.
4. In counties of the first class having a charter form of government the
board of jury commissioners may appoint a jury supervisor and such number
of deputy jury supervisors as deemed necessary to perform duties as
specified by the board. The jury supervisor and the deputy jury
supervisors so appointed shall serve at the pleasure of the board and
shall receive a salary determined and fixed by the board, payable monthly
or more often by the governing body of the county in which the judicial
circuit is located.
5. In counties of the first classification not having a charter form of
government, subject to the approval of the governing body of the county,
the board of jury commissioners may appoint a jury supervisor and such
number of deputy jury supervisors as deemed necessary to perform duties
as specified by the board. The jury supervisor and the deputy jury
supervisors so appointed shall be county employees, but shall serve at
the pleasure of the board. The jury supervisor and the deputy jury
supervisors shall receive a salary determined and fixed by the governing
body of the county, payable monthly or more often by the governing body
of the county in which the judicial circuit is located.
6. In each city not within a county the board of jury commissioners may
appoint a jury supervisor and such number of deputy jury supervisors as
deemed necessary to perform duties as specified by the board. The jury
supervisor and deputy jury supervisors so appointed shall receive a
salary recommended by the board of jury commissioners and approved by the
board of estimate and apportionment. The jury supervisor and each deputy
jury supervisor who are regularly employed throughout the year shall
receive job classifications and salaries comparable to employees in
similar positions under the merit system of the city. Subsequent
increases in salary shall be determined and paid in the same manner as
for other employees in similar positions under such merit system.
7. Before entering upon the duties of office, the jury supervisor and
deputy jury supervisors so appointed shall take and subscribe before a
circuit judge of the circuit an oath or affirmation to support the
Constitution of the United States and of this state and to faithfully
demean themselves in office. (L. 1989 S.B. 127, et al., A.L. 1993 S.B. 88)
1. The board of jury commissioners shall compile and maintain a
list of potential jurors and their addresses, and shall update such list
periodically in a manner to be determined by the board. The master jury
list shall be comprised of not less than five percent of the total
population of the county or city not within a county as determined from
the last decennial census. In no event shall the master jury list contain
less than four hundred names. In compiling the master jury list the board
of jury commissioners shall take reasonable measures to avoid duplication
of names.
2. Beginning July 1, 2004, the master jury list shall be the result of
random selection of names from a minimum of two government records
including, but not limited to, personal property tax list, voter's
registration list, and driver's license records. The information
furnished by the department of revenue shall not be disclosed except as
allowed pursuant to federal law.
3. Whoever has custody, possession, or control of any record used in
compiling the master jury list shall make the record available to the
board of jury commissioners for inspection, reproduction and copying at
all reasonable times.
4. The names on the master jury list shall be considered a public record.
The master jury list and copies of all records used in compiling the list
shall be retained by the board of jury commissioners for at least five
years after compilation of the list. (L. 1989 S.B. 127, et al., A.L. 2003
H.B. 613)
1. From time to time and in a manner prescribed by the board of
jury commissioners there shall be drawn at random from the master jury
list the names or identifying numbers of as many prospective jurors as
the court may require. The board of jury commissioners shall cause to be
served in a manner prescribed by law for the service of summons or by
ordinary mail, as determined by the board, a summons for jury service and
a juror qualification form. The juror qualification form shall be
approved by the circuit court en banc and shall:
(1) Contain instructions to fill out and return the form within ten days;
(2) Contain the prospective juror's declaration that his responses are
true to the best of his knowledge; and
(3) Elicit information concerning the prospective juror's qualifications.
Notarization of the juror qualification form shall not be required. If
the prospective juror is unable to fill out the juror qualification form,
another person may do it for the prospective juror and shall so indicate
and the reason therefor. Any prospective juror who fails to return a
completed juror qualification form as instructed may be directed by the
board of jury commissioners to appear forthwith to fill out a juror
qualification form.
2. If it is determined from an examination of the juror qualification
form that a person is not qualified to serve as a juror, that prospective
juror shall be notified in a manner directed by the board of jury
commissioners and shall not be required to comply with the summons for
jury service. Such names shall be deleted from the master jury list.
3. Upon application by a prospective juror, the jury supervisor or board
of jury commissioners, acting in accordance with written guidelines
adopted by the circuit court, may postpone that prospective juror's
service to a later date.
4. Those prospective jurors not disqualified from jury service shall
constitute the qualified jury list. If any prospective juror is later
determined to be ineligible or disqualified, such name shall be deleted
from the qualified jury list and the master jury list. (L. 1989 S.B. 127,
et al., A.L. 1999 S.B. 1, et al.)
1. Those persons constituting the qualified jury list, when
summoned, shall be placed under the control and supervision of the
sheriff or other person designated by the board of jury commissioners in
a designated area to be provided in the courthouse.
2. Whenever a judge of the circuit court shall require a panel of jurors
for jury service, he shall designate the number of jurors required. This
number of jurors shall be randomly selected in a manner specified by the
board of jury commissioners from the qualified jury list. (L. 1989 S.B.
127, et al.)
The following persons shall be disqualified from serving as a
petit or grand juror:
(1) Any person who is less than twenty-one years of age;
(2) Any person not a citizen of the United States;
(3) Any person not a resident of the county or city not within a county
served by the court issuing the summons;
(4) Any person who has been convicted of a felony, unless such person has
been restored to his civil rights;
(5) Any person unable to read, speak and understand the English language,
unless such person's inability is due to a vision or hearing impairment
which can be adequately compensated for through the use of auxiliary aids
or services;
(6) Any person on active duty in the armed forces of the United States or
any member of the organized militia on active duty under order of the
governor;
(7) Any judge of a court of record;
(8) Any person who, in the judgment of the court, is incapable of
performing the duties of a juror because of mental or physical illness or
infirmity. The juror or the juror's personal representative, may provide
the court with documentation from a physician licensed to practice
medicine verifying that a mental or physical condition renders the person
unfit for jury service for a period of up to twenty-four months. (L. 1989
S.B. 127, et al., A.L. 2004 S.B. 1211)
1. Upon timely application to the court, the following persons
shall be excused from service as a petit or grand juror:
(1) Any person who has served on a state or federal petit or grand jury
within the preceding two years;
(2) Any person whose absence from his or her regular place of employment
would, in the judgment of the court, tend materially and adversely to
affect the public safety, health, welfare or interest;
(3) Any person upon whom service as a juror would in the judgment of the
court impose an undue or extreme physical or financial hardship;
(4) Any person licensed as a health care provider as such term is defined
in section 538.205, RSMo, but only if such person provides a written
statement to the court certifying that he or she is actually providing
health care services to patients, and that the person's service as a
juror would be detrimental to the health of the person's patients;
(5) Any employee of a religious institution whose religious obligations
or constraints prohibit their serving on a jury. The certification of the
employment and obligation or constraint may be provided by the employee's
religious supervisor.
2. A judge of the court for which the individual was called to jury
service shall make undue or extreme physical or financial hardship
determinations. The authority to make these determinations is delegable
only to court officials or personnel who are authorized by the laws of
this state to function as members of the judiciary.
3. A person asking to be excused based on a finding of undue or extreme
physical or financial hardship must take all actions necessary to have
obtained a ruling on that request by no later than the date on which the
individual is scheduled to appear for jury duty.
4. Unless it is apparent to the court that the physical hardship would
significantly impair the person's ability to serve as a juror, for
purposes of sections 494.400 to 494.460 undue or extreme physical or
financial hardship is limited to circumstances in which an individual
would:
(1) Be required to abandon a person under his or her personal care or
supervision due to the impossibility of obtaining an appropriate
substitute caregiver during the period of participation in the jury pool
or on the jury; or
(2) Incur costs that would have a substantial adverse impact on the
payment of the individual's necessary daily living expenses or on those
for whom he or she provides the principal means of support; or
(3) Suffer physical hardship that would result in illness or disease.
5. Undue or extreme physical or financial hardship does not exist solely
based on the fact that a prospective juror will be required to be absent
from his or her place of employment.
6. A person asking a judge to grant an excuse based on undue or extreme
physical or financial hardship shall provide the judge with documentation
as required by the judge, such as, but not limited to, federal and state
income tax returns, medical statements from licensed physicians, proof of
dependency or guardianship, and similar documents, which the judge finds
to clearly support the request to be excused. Failure to provide
satisfactory documentation shall result in a denial of the request to be
excused. Such documents shall be filed under seal.
7. After two years, a person excused from jury service shall become
eligible once again for qualification as a juror unless the person was
excused from service permanently. A person is excused from jury service
permanently only when the deciding judge determines that the underlying
grounds for being excused are of a permanent nature. (L. 1989 S.B. 127,
et al., A.L. 2004 S.B. 1211, A.L. 2005 S.B. 420 & 344)
1. Individuals scheduled to appear for jury service have the
right to postpone the date of their initial appearance for jury service
one time only for reasons other than undue influence or extreme physical
or financial hardship. When requested, postponements shall be granted,
provided that:
(1) The prospective juror has not previously been granted a postponement;
(2) The prospective juror appears in person or contacts the board of jury
commissioners by telephone, electronic mail, or in writing to request a
postponement; and
(3) Prior to the grant of a postponement the court shall set the date on
which the prospective juror will appear for jury service that is not more
than six months after the date on which the prospective juror originally
was called to serve and on which date the court will be in session. If a
prospective juror is a full-time student of any accredited institution,
the court shall set the date on which the prospective juror will appear
for jury service that is not more than twelve months after the date on
which the prospective juror originally was called to serve and on which
the court will be in session.
2. A subsequent request to postpone jury service may be approved by a
judicial officer only in the event of an extreme emergency, such as a
death in the family, sudden grave illness, or a natural disaster or
national emergency in which the prospective juror is personally involved,
that could not have been anticipated at the time the initial postponement
was granted. Prior to the grant of a second postponement, the prospective
juror must fix a date certain on which the individual will appear for
jury service within six months of the postponement on a date when the
court will be in session. (L. 2004 S.B. 1211, A.L. 2005 S.B. 420 & 344)
Whenever there is an unanticipated shortage of available petit
jurors drawn from a qualified jury list, the court may require the
sheriff or a jury supervisor to summon a sufficient number of petit
jurors from bystanders. If any party objects to bystanders being
summoned, additional jurors shall be selected at random from the
qualified jury list. (L. 1989 S.B. 127, et al.)
In compiling and maintaining a list of prospective and qualified
jurors and in summoning qualified jurors for service, the board of jury
commissioners may use such data processing or mechanical devices as it
considers sufficient and efficient to carry out the declared policy of
sections 494.400 to 494.505. (L. 1989 S.B. 127, et al.)
1. The list required by section 302.110, RSMo, to be kept by the
director of revenue shall, in addition to the information required under
section 302.110, RSMo, contain the Social Security numbers of all
licensed drivers, and the Social Security numbers for all drivers who
provide such numbers to the director for use as their drivers' license
numbers shall be provided to the board of jury commissioners of each
county and of each city not within a county for the compilation of the
master jury list pursuant to section 494.410. Notwithstanding any other
provision of law to the contrary, Social Security numbers provided to the
board of jury commissioners shall not be made available for public
inspection but may be used by the board of jury commissioners for
official use.
2. The election authority shall include the Social Security numbers of
all registered voters who have provided such numbers to the election
authority in any lists provided to the board of jury commissioners of
each county and of each city not within a county for the compilation of
the master jury list pursuant to section 494.410.
3. This section shall become effective on January 1, 1994. (L. 1993 S.B.
88)
Effective 1-1-94
1. Except as otherwise provided in subsections 2 and 3, no petit
juror shall be required to attend court for prospective jury service more
than twenty days in any one-year period except as is necessary to
complete service in a particular case.
2. Subsequent to January 1, 2005, in jurisdictions on the nonpartisan
court plan, no petit juror shall be required to attend court for
prospective jury service for more than two days pursuant to a jury
summons unless selected to a panel of prospective jurors for jury service
pursuant to subsection 2 of section 494.420, or selected to serve as a
petit juror in one particular case.
3. In jurisdictions on the nonpartisan court plan, no petit juror shall
be required to serve as a juror for more than twenty days in any one-year
period except as is necessary to complete service in a particular case.
(L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al., A.L. 2004 S.B. 1211)
A person who is summoned for jury service and who willfully
fails to appear and who has failed to obtain a postponement in compliance
with section 494.432 or as an excuse pursuant to section 494.430, or to
respond to the juror qualification form shall be in civil contempt of
court, enforceable by an order directing him or her to show cause for his
or her failure to comply with the summons and the juror qualification
form. Following an order to show cause hearing, the court may impose a
fine not to exceed five hundred dollars. The prospective juror may be
excused from paying sanctions for good cause shown or in the interests of
justice. In addition to, or in lieu of, the fine, the court may order
that the prospective juror complete a period of community service for a
period of no less than if the prospective juror would have completed jury
service, and require that he or she provide proof of completion of such
community service to the court. (L. 1989 S.B. 127, et al., A.L. 2004 S.B.
1211)
1. Each county or city not within a county may elect to
compensate its jurors pursuant to subsection 2 of this section except as
otherwise provided in subsection 3 of this section.
2. Each grand and petit juror shall receive six dollars per day, for
every day he or she may actually serve as such, and seven cents for every
mile he or she may necessarily travel going from his or her place of
residence to the courthouse and returning, to be paid from funds of the
county or a city not within a county. The governing body of each county
or a city not within a county may authorize additional daily compensation
and mileage allowance for jurors, which additional compensation shall be
paid from the funds of the county or a city not within a county. The
governing body of each county or a city not within a county may authorize
additional daily compensation and mileage allowance for jurors attending
a coroner's inquest. Jurors may receive the additional compensation and
mileage allowance authorized by this subsection only if the governing
body of the county or the city not within a county authorizes the
additional compensation. The provisions of this subsection authorizing
additional compensation shall terminate upon the issuance of a mandate by
the Missouri supreme court which results in the state of Missouri being
obligated or required to pay any such additional compensation even if
such additional compensation is formally approved or authorized by the
governing body of a county or a city not within a county. Provided that a
county or a city not within a county authorizes daily compensation
payable from county or city funds for jurors who serve in that county
pursuant to this subsection in the amount of at least six dollars per day
in addition to the amount required by this subsection, a person shall
receive an additional six dollars per day to be reimbursed by the state
of Missouri so that the total compensation payable shall be at least
eighteen dollars, plus mileage for each day that the person actually
serves as a petit juror in a particular case; or for each day that a
person actually serves as a grand juror during a term of a grand jury.
The state shall reimburse the county for six dollars of the additional
juror compensation provided by this subsection.
3. In any county of the first classification without a charter form of
government and with a population of at least two hundred thousand
inhabitants, no grand or petit juror shall receive compensation for the
first two days of service, but shall receive fifty dollars per day for
the third day and each subsequent day he or she may actually serve as
such, and seven cents for every mile he or she may necessarily travel
going from his or her place of residence to the courthouse and returning,
to be paid from funds of the county.
4. When each panel of jurors summoned and attending court has completed
its service, the board of jury commissioners shall cause to be submitted
to the governing body of the county or a city not within a county a
statement of fees earned by each juror. Within thirty days of the
submission of the statement of fees, the governing body shall cause
payment to be made to those jurors summoned the fees earned during their
service as jurors. (L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al.,
A.L. 2001 H.B. 945)
1. An employer shall not terminate, discipline, threaten or take
adverse actions against an employee on account of that employee's receipt
of or response to a jury summons.
2. An employee discharged in violation of this section may bring civil
action against his or her employer within ninety days of discharge for
recovery of lost wages and other damages caused by the violation and for
an order directing reinstatement of the employee. If the employee
prevails, the employee shall be entitled to receive a reasonable
attorney's fee.
3. An employee may not be required or requested to use annual, vacation,
personal, or sick leave for time spent responding to a summons for jury
duty, time spent participating in the jury selection process, or time
spent actually serving on a jury. Nothing in this provision shall be
construed to require an employer to provide annual, vacation, personal,
or sick leave to employees under the provisions of this statute who
otherwise are not entitled to such benefits under company policies.
4. A court shall automatically postpone and reschedule the service of a
summoned juror of an employer with five or fewer full-time employees, or
their equivalent, if another employee of that employer has been
previously summoned to appear during the same period. Such postponement
will not effect an individual's right to one automatic postponement
pursuant to section 494.432. (L. 1989 S.B. 127, et al., A.L. 2004 S.B.
1211)
1. A party may move to stay the proceedings or for other
appropriate relief including, in a criminal case, to quash the indictment
if there has been a substantial failure to comply with the declared
policy of sections 494.400 to 494.505 in selecting a grand jury, on the
ground of substantial failure to comply with the provisions of sections
494.400 to 494.505. Such motion may be made at any time before the petit
jury is sworn to try the case or within fourteen days after the moving
party discovers or by the exercise of reasonable diligence could have
discovered the grounds therefor, whichever occurs later.
2. Upon motion filed under subsection 1 of this section containing a
sworn statement of facts which, if true, would constitute a substantial
failure to comply with sections 494.400 to 494.505, the moving party is
entitled to present in support of the motion the testimony of any
competent witness or any relevant records and papers not public or
otherwise available used by the board of jury commissioners and any other
relevant evidence. If the court determines that in selecting either a
grand jury or a petit jury there has been substantial failure to comply
with the declared policy of sections 494.400 to 494.505, the court shall
stay the proceedings pending the selection of the jury in conformity with
the declared policy or grant other appropriate relief.
3. The procedures prescribed by this section are the exclusive means by
which a party in a case may challenge a jury on the ground that the jury
was not selected in conformity to sections 494.400 to 494.505. (L. 1989
S.B. 127, et al.)
1. No witness or person summoned as a witness in any cause, no
person who has formed or expressed an opinion concerning the matter or
any material fact in controversy in any case that may influence the
judgment of such person, and no person who is kin to either party in a
civil case or to the injured party, accused, or prosecuting or circuit
attorney in a criminal case within the fourth degree of consanguinity or
affinity shall be sworn as a juror in the same cause.
2. Persons whose opinions or beliefs preclude them from following the law
as declared by the court in its instructions are ineligible to serve as
jurors on that case.
3. All challenges for cause may be tried by the court on the oath of the
person challenged or on other evidence and such challenges shall be made
before the juror is sworn. If the cause of challenge be discovered after
the juror is sworn and before any part of the evidence is delivered, the
juror may be discharged or not in the discretion of the court.
4. A prospective juror may be challenged for cause for any reason
mentioned in this section and also for any causes authorized by the law.
5. It shall be unlawful for any party to any suit to have summoned off of
the regular panel of any jury, qualified for the trial of any cause, any
of such jurors, to be used as witnesses in any cause pending in the
court, unless the party at whose instance such juror or jurors is
summoned shall first show, to the satisfaction of the court, that such
juror or jurors so to be summoned are material witnesses, whose evidence
he should have in the trial of the cause, and unless he so shows, the
court may refuse to allow such juror to be summoned as a juror may be
summoned as a witness prior to the first day of the term without first
showing to the court that such person is a material witness. (L. 1989
S.B. 127, et al.)
In all actions brought by or against any county or city, the
inhabitants of the county or city so suing or being sued may be jurors,
if otherwise competent and qualified. (L. 1989 S.B. 127, et al.)
1. In trials of civil causes each party shall be entitled to
peremptorily challenge three jurors. When there are multiple plaintiffs
or defendants, all plaintiffs and all defendants shall join in their
challenges as if there were one plaintiff and one defendant. The court in
its discretion may allocate the allowable peremptory challenges among the
parties plaintiff or defendant upon good cause shown and as the ends of
justice require. In all cases, the plaintiff shall announce its
challenges first.
2. In all criminal cases, the state and the defendant shall be entitled
to a peremptory challenge of jurors as follows:
(1) If the offense charged is punishable by death, the state shall have
the right to challenge nine and the defendant nine;
(2) In all other cases punishable by imprisonment in the penitentiary,
the state shall have the right to challenge six and the defendant six;
(3) In all cases not punishable by death or imprisonment in the
penitentiary, the state and the defendant shall each have the right to
challenge two.
3. In all criminal cases where several defendants are tried together, the
following provisions shall apply:
(1) Each defendant then on trial shall be allowed separate peremptory
challenges as provided in subsection 2 of this section;
(2) The number of peremptory challenges allowed the state by subsection 2
of this section shall be multiplied by the number of defendants then on
trial in each case.
4. Within such time as may be ordered by the court, the state shall
announce its peremptory challenges first and the defendants thereafter.
The qualifications of a juror on the panel from which peremptory
challenges by the defense are made shall not constitute a ground for the
granting of a motion for new trial or the reversal of a conviction or
sentence unless such juror served upon the jury at the defendant's trial
and participated in the verdict rendered against the defendant.
5. If the defendant pleads guilty to a lesser or included offense other
than the offense charged in the information or indictment in return for a
specific lesser sentence than such defendant would likely have received
if such defendant were found guilty of the crime charged, or makes any
other plea bargaining arrangement, at any time after the jury is
impaneled such defendant shall be liable to the county for the costs
associated with impaneling the jury. (L. 1989 S.B. 127, et al., A.L. 1993
S.B. 180, A.L. 1996 S.B. 869)
Effective 7-1-97
If in any case to be tried before a jury it appears to the court
to be appropriate, the court may direct that a number of jurors in
addition to the regular jury be called and impaneled to sit as alternate
jurors. Alternate jurors, in the order in which they are called, shall
replace jurors who, prior to the time the jury retires to consider its
verdict, become or are found to be unable or disqualified to perform
their duties. Alternate jurors shall be selected in the same manner,
shall have the same qualifications, shall be subject to the same
examination and challenges, shall take the same oath and shall have the
same functions, powers, facilities and privileges as the principal
jurors. Alternate jurors who do not replace principal jurors shall be
discharged after the jury retires to consider its verdict. Each side is
entitled to one peremptory challenge in addition to those otherwise
allowed by law for each two alternate jurors to be impaneled. The
additional peremptory challenge may be used against an alternate juror
only, and the other peremptory challenges allowed by law shall not be
used against the alternates. (L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1,
et al.)
In all trials of civil actions before a circuit judge, or an
associate circuit judge sitting as a circuit judge, a jury shall consist
of twelve persons selected pursuant to sections 494.400 to 494.505,
unless all parties agree on a lesser number, but not less than eight, in
which case the number of veniremen shall be reduced accordingly.
Three-fourths or more jurors may return a lawful verdict. All verdicts
shall be signed by each juror who agrees to the verdict. (L. 1989 S.B.
127, et al., A.L. 1996 S.B. 869)
The court may permit the jury to separate at any adjournment or
recess of the court during the trial and jury deliberation in all cases
of misdemeanor or felony, except in capital cases. When the jurors are
permitted to separate, after being impaneled as provided for in sections
494.400 to 494.505, and at each adjournment the court shall admonish them
that it is their duty not to converse among themselves, nor to suffer
others to converse with them or in their hearing on any subject connected
with the trial, or to form or express any opinion thereon, until the
cause is finally submitted to them, or until they return to the jury room
to continue their deliberations. (L. 1989 S.B. 127, et al.)
No alien shall be entitled to a jury of part aliens or
strangers, for the trial of any indictment, but in every case the jurors
shall be such only as are qualified to serve according to the laws of
this state. (L. 1989 S.B. 127, et al.)
1. Whenever it shall appear, in the manner provided in section
545.490, RSMo, that the inhabitants of the entire county in which the
cause is pending are so prejudiced against the defendant that a fair
trial cannot be had, the circuit court judge may order as many jurors as
he deems necessary to be summoned from any county or counties in the same
judicial circuit as the county of trial or in any adjoining judicial
circuit. If the circuit court judge is of the opinion that it is
necessary in order to provide a fair trial of any cause, he may summon
jurors from a county which is neither in the circuit nor adjoining the
judicial circuit in which the trial is to be held by requesting the chief
justice of the supreme court of the state of Missouri to name a county in
the state from which jurors may be summoned for such trial.
2. If jurors are summoned from a county other than the county of trial,
the selection of the jury panel may, at the discretion of the circuit
court judge, be held in the county in which the jurors reside.
3. Jurors summoned pursuant to the provisions of subsection 1 of this
section shall be subject to the same challenges as other jurors, except
challenges for nonresidence in the county of trial. Transportation may be
furnished to the jurors in lieu of mileage.
4. The supreme court of the state of Missouri shall promulgate rules to
implement the provisions of this section. (L. 1989 S.B. 127, et al.)
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