Challenging compliance with selection procedures. (a) Challenge to array.-- Within ten days after publication of the array a party to a matter on a then published
Pennsylvania Consolidated Statutes
Section: 4526
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 4526
§ 4526. Challenging compliance with selection procedures. (a) Challenge to array.-- Within ten days after publication of the array a party to a matter on a then published
list of cases scheduled for jury trial may petition the court to stay the proceedings
in the case where he is a party and to select a new jury array, or for other appropriate
relief, on the ground of failure to substantially comply with this subchapter. (b) Hearing on petition.-- At the hearing on the petition filed under subsection (a), the moving party is entitled
to present in support of the petition the testimony of the jury commissioners or their
clerks, any relevant records and papers not public or otherwise available used by
the jury commissioners or their clerks and any other relevant evidence. If the court
determines that in selecting persons to fill the array the commissioners have failed
to substantially comply with this subchapter, the court shall stay the proceedings
requiring the service of jurors pending the selection of a new array in conformity
with this subchapter or may grant other appropriate relief. (c) Exclusive remedy.-- Unless and until suspended or superseded by general rules, the procedures prescribed
by this section are the exclusive means by which a person accused of a crime, the
Commonwealth or a party in a civil case may challenge an array of jurors on the ground
that the array was not selected in conformity with this subchapter. (d) Records.-- The contents of any records or papers used by the jury commissioners or their clerks
in connection with the selection process and not made public under this subchapter
shall not be disclosed (except in connection with the preparation or presentation
of a petition filed under subsection (a)) until after the list of qualified jurors
or jury wheel has been emptied and refilled and all persons selected to serve as jurors
before the list of qualified jurors or jury wheel was emptied have been discharged. (e) Challenge to panel of jurors.-- A jury panel for the trial of any case may be challenged only on the grounds that
it was not selected at random from the array. Such challenge must be made by a party
immediately after the panel of jurors has been selected by the administrative staff
of the court and before interrogation of jurors commences. (f) Other challenges.-- Nothing in this subchapter shall affect the existing practice with respect to peremptory
challenges and challenges for cause.
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