reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 30a - Talesmen

Section 30A. If, by challenge or otherwise, a sufficient number of jurors duly drawn and summoned cannot be obtained for the trial of a case, the court shall cause jurors to be returned from the bystanders or from the county at large, to complete the panel, if there are on the jury not fewer than 7 of the jurors who were originally drawn and summoned.
Before causing additional jurors to be returned for service the jury pool officer shall file an affidavit with the court stating that more than the usual number of jurors are required on the case and that the jury pool has been exhausted. The judge sitting on the case shall make a finding as to the accuracy of said affidavit prior to the return of additional jurors.
The jurors from the bystanders shall be returned by the sheriff or the sheriff's deputy or by a disinterested person appointed by the court, and shall be qualified and liable to be drawn as jurors.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 31 - Presentation by Juror to Clerk of Summons, Questionnaire and Notices

Section 31. On the first day of his term of grand or trial juror service, each juror shall bring to court and present to the officer in charge of jurors his summons, his confidential juror questionnaire, duly completed and signed, and any subsequent notices of postponement or location transfer received by him. Notice of these duties shall appear prominently on the summons, questionnaire, and notice of postponement, respectively.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 32 - Wilful Misrepresentations in Juror Questionnaire

Section 32. Any juror or other person who wilfully misrepresents a material fact in the confidential questionnaire for the purpose of either avoiding or securing service as a grand or trial juror shall be guilty of a crime, and, upon conviction, may be punished by a fine of not more than two thousand dollars.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 33 - Criminal History Records of Jurors

Section 33. The court, the office of jury commissioner, and the clerk of court or assistant clerk shall have authority to inquire into the criminal history records of grand and trial jurors for the limited purpose of corroborating and determining their qualifications for juror service. Notwithstanding any other special or General Law to the contrary, the said authority shall include the right to request and receive such criminal history records and information from the criminal offender record information system as is necessary for the purpose of carrying out the provisions of this chapter. All criminal offender record information obtained under this section shall be held confidential by persons authorized hereunder.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 34 - Postponement of Term of Juror Service

Section 34. A trial juror shall have the right to one postponement of his term of juror service for not more than one year. The trial juror shall exercise this right by responding to the juror summons and indicating an election to postpone. The month, day and year to which such service is to be postponed shall be indicated in the response to the juror summons. The office of jury commissioner shall have authority to effectuate such first postponements. If the postponement date so designated is improper, unavailable or inconvenient for the court, the office of jury commissioner shall assign a date of service which is reasonably close to the postponement date selected by the trial juror. The jury commissioner, with the approval of the jury management advisory committee, shall have discretionary authority to limit the numbers of postponements allowed each day in each courthouse in order to maintain the integrity of the demographic cross-sections appearing in the juror pools.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 35 - Juror Service Performed at Any Location Within Judicial District

Section 35. Grand and trial jurors shall be summoned at random from the entire judicial district to perform juror service at any particular location within the judicial district, unless the supreme judicial court, by rule of court, orders otherwise. The office of jury commissioner and the court shall have discretionary authority to permit a juror to perform his juror service at a different jury-trial location within the judicial district upon a finding that hardship will be imposed upon the juror if he were required to serve at the original location. The jury commissioner, with the approval of the jury management advisory committee, shall have discretionary authority to limit the numbers of courthouse transfers allowed each day to or from each courthouse in order to maintain the integrity of the demographic cross-sections appearing in the juror pools.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 36 - Notice of Date of Postponement or Request for Location Transfer

Section 36. Not later than two weeks after the receipt of a response to a juror summons containing an election to postpone or a request to transfer juror service to a different location, the office of jury commissioner shall provide notice to the juror. This notice shall state the date of postponement, if any, effectuated by the office of jury commissioner. The notice shall also state whether or not the request for a location transfer has been allowed and the current location to which the juror is assigned. The juror shall appear for service on the date and at the location indicated in this notice without further summoning. Such notice shall contain a statement to this effect prominently on its face.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 37 - Postponement for Reasons of Important Business of Commonwealth or United States

Section 37. The legislative, executive, and judicial departments of the commonwealth and of the United States shall not be impeded by the provisions of this chapter from freely exercising their independent powers and duties. Any of the following persons who has been summoned as a juror or who is performing juror service and who certifies in writing to the court that there is important business of the commonwealth or the United States which requires his presence away from the court during his term of service shall be granted, as a matter of right, an immediate postponement of his term of service as a grand or trial juror: the governor, the lieutenant-governor, councillors, other state constitutional officers, senators, representatives, and justices of the supreme judicial court; the president, vice president, other constitutional officers of the United States, senators, representatives, and justices of the supreme court. In the certificate to the court, the persons requesting the postponement shall state a period of time reasonably contemplated for the completion of such official business. The length of the postponement granted by the court shall not be less than the period stated in the certificate. Any person who qualifies under this section may request and shall receive any number of postponements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 38 - Availability for Juror Service by Telephone Notice

Section 38. A grand or trial juror may be permitted by the court to be available for juror service or continued juror service upon telephone notice. A juror who agrees to be available on telephone notice shall provide to the court a telephone number and a named individual by which he may be notified with certainty during court hours to begin or resume his juror service not more than one hour after such notice has been given. Such juror shall conduct his affairs during court hours so that he shall insure his compliance with the conditions of telephone notice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 39 - Deferment or Advancement Of, or Excuse From, Juror Service; Term Limitations; Dismissal or Discharge of Juror

Section 39. The court or the office of jury commissioner shall have authority to defer or advance any term of grand or trial juror service upon a finding of hardship, inconvenience, or public necessity provided the juror recognizes his firm obligation to perform juror service on the new date. The court shall have authority to excuse a grand juror from juror service, in part or in full, upon a finding of hardship, inconvenience, or public necessity, taking into consideration the length of grand juror service. The court shall have authority to excuse a trial juror from juror service, in part or in full, upon a finding of extreme hardship; the court shall exercise this authority strictly. Notwithstanding the fact that a juror has been summoned as a grand or trial juror, with or without right of postponement of service, the court shall have the discretionary authority to require the juror to serve either as a grand or trial juror, immediately or at a future date, at the original court location or at a different court location. The court may impose reasonable conditions and limitations, including appropriate time limitations, upon a term of juror service. It shall be the policy of this chapter that every trial juror shall be prepared to serve three trial days; the court shall not grant term limitations of less than three trial days except upon a finding that extreme hardship would be imposed upon the juror in the absence of such limitation. The court shall have the discretionary authority to dismiss a juror at any time in the best interests of justice. The court shall have authority to excuse and discharge an impanelled juror prior to jury deliberations after a hearing upon a finding of extreme hardship. The court shall have authority to excuse and discharge a juror participating in jury deliberations after a hearing only upon a finding of an emergency or other compelling reason. The court shall have authority to discharge an impanelled juror who has not appeared for juror service upon a finding that there is a strong likelihood that an unreasonable delay in the trial would occur if the court were to await the appearance of the juror. At any time during the trial, the court shall discharge any juror whose term limitation has expired upon the demand of the juror except where the court finds unusual circumstances; such discharge shall not be a ground for mistrial or objection by any party. The court may exercise any authority granted in this section at any time before or during a juror's term of service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 40 - Length of Trial; Excuse of Juror

Section 40. In the event a trial is expected by the court to last more than three trial days, the trial judge shall announce this fact to jurors before the jury is impanelled. The trial judge may excuse a juror from performing his juror service on such an extended trial upon a finding of hardship, inconvenience, or public necessity taking into consideration the expected length of the extended trial, but any juror so excused shall otherwise complete his term of juror service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 41 - Length of Term of Service of Jurors

Section 41. The length of the term of service for trial jurors shall be one day unless a juror is assigned to or impanelled on an incompleted trial when the term ends or unless the court orders otherwise. Nothing in this section shall prevent a trial juror from serving or participating on more than one trial during his term, except that a trial juror who has participated in the rendering of a verdict shall not be required to participate in a second trial even though the juror may not have completed his first day of juror service at the time of commencement of the second trial. Jurors in the juror pool awaiting assignment to a trial shall be discharged as early in the afternoon as possible after it has been determined that their services as jurors will not be needed. The length of the term of service for grand jurors shall be three months unless the court enlarges such term. The court shall have authority to enlarge grand jurors' terms of service upon a finding that the efficient administration of justice requires such enlargement.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 42 - Enforcement of Chapter

Section 42. The court shall take whatever actions are appropriate to enforce the provisions of this chapter. Upon a finding by the court that a juror will not appear to perform or complete juror service or in response to the court's order, the court may issue a warrant for the arrest of the juror or may take such other appropriate actions as are likely to compel the juror to appear before the court. Any grand or trial juror who fails to appear for juror service or who fails to perform any condition of his juror service shall be guilty of a crime, and upon conviction thereof, may be punished by a fine of not more than two thousand dollars.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 43 - Delinquency Notice

Section 43. The office of jury commissioner may send a delinquency notice by certified or first-class mail or by delivery by a sheriff or constable to any grand or trial juror who has failed to appear for juror service based upon the records in the office of jury commissioner; provided, however, that the purpose of the delinquency notice shall be only to notify the juror of his delinquency status and to rectify the problem by appropriate means. The office of jury commissioner shall have discretionary authority to resolve problems with delinquent jurors or with jurors appearing to be delinquent in accordance with guidelines approved by the committee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 44 - Criminal Complaint for Delinquent Juror

Section 44. The office of jury commissioner may prepare an application for the issuance of a criminal complaint against any grand or trial juror who has not been removed from delinquency status by the office of jury commissioner within thirty days after the date of a delinquency notice sent to such juror. The application shall aver that the named person was duly selected and summoned to perform trial or grand juror service at a specified location on a specified date and that such person has failed to appear for jury service without justifiable excuse in violation of section forty-two. The information provided in the application shall be based upon the records of the office of jury commissioner. The application shall contain the name, address, and identification number of the juror and a summary of all official transactions between the juror and the office of jury commissioner that have occurred as of the date of the application. At the bottom of the application, there shall be a certificate signed by the legal counsel for the office of jury commissioner declaring that the information provided in the application is true and complete to the best of his knowledge and belief. The application shall contain such further information as deemed appropriate by the jury commissioner with the approval of the jury management advisory committee. The application may be submitted by mail or personal delivery to any superior or district court having criminal jurisdiction over such juror. The juror shall be provided with notice of hearing on any application for criminal complaint. The legal counsel or his delegate shall be authorized to represent the jury commissioner and the office of jury commissioner in all judicial proceedings arising out of any application for the issuance of a criminal complaint under this section or otherwise.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 45 - Studies, Research and New Procedures

Section 45. The office of jury commissioner shall perform studies, foster research, and implement new procedures which are contemplated to accomplish the following: improvement of all aspects of the administration of jurors; reduction of the costs of selection, management, and compensation of jurors; monitoring and improvement of the integrity of jury pools and jury panels; more effective utilization of jurors in the jury pools; improved understanding by jurors of their duties and of the court's charge and instructions; providing for the reasonable comfort and convenience of jurors during their terms of service; and providing jurors with a heightened appreciation of the judicial system.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 46 - Delegation of Authority to Jury Commissioner

Section 46. The committee or the court may delegate to the jury commissioner of the office of jury commissioner such authority as is appropriate for the efficient administration of this chapter in accordance with guidelines approved by the committee or the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 47 - Compensation and Reimbursement Policy

Section 47. The compensation and reimbursement policy of this chapter shall be to prevent financial hardship being imposed upon any juror because of performance of juror service insofar as possible.
Where financial hardship exists, the court shall attempt to place the juror into the same financial position as such juror would have been were it not for the performance of juror service. The jury commissioner may issue regulations, not inconsistent with this chapter, further defining rights and obligations of jurors and employers with respect to compensation and reimbursements to jurors during such service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 48 - Payment of Regularly Employed Jurors

Section 48. Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment as long as the employment hours of a juror reasonably may be determined by a schedule or by custom and practice established during the three-month period preceding the term of service of such juror. Each self-employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 49 - Employers or Self-Employed Jurors Excused From Payment

Section 49. The court shall have the authority to excuse an employer from the duty to compensate a juror-employee or to excuse a self-employed juror from the duty to compensate himself for the first three days, or part thereof, of trial or grand juror service upon a finding that extreme financial hardship would be imposed upon the employer or self-employed juror if such duty were not removed. If an employer or self-employed juror is so excused, the court shall award reasonable compensation in lieu of wages to the juror to be paid by the commonwealth for the first three days, or part thereof, of juror service. Such award shall not exceed fifty dollars per day of trial or grand juror service. The hearing on the employer's extreme financial hardship shall occur no later than thirty days after the tender of the juror service certificate to the employer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 50 - Reimbursement of Unemployed Jurors for Expenses

Section 50. Each unemployed trial or grand juror upon application shall be reimbursed by the commonwealth for reasonable travel, child-care, and other necessary out-of-pocket expenses, except food, incurred during the first three days, or part thereof, of juror service. The office of jury commissioner, with the approval of the committee, shall establish guidelines for reimbursement of jurors under this section. Each reimbursement award falling outside such guidelines shall be approved by the court prior to such reimbursement. A reimbursement award under this section shall not exceed fifty dollars per day of juror service. Any juror who is not regularly employed, as provided in section forty-eight, including but not limited to retired persons, homemakers, students, and unemployed persons, shall be entitled to reimbursement upon application under this section. The application for reimbursement by a juror under this section shall be made prior to or during the judicial discretion hearings on the first morning of the term of service of such juror. An unemployed trial or grand juror receiving benefits under the laws of employment security of this commonwealth shall not lose such benefits on account of his performance of the first three days of juror service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 51 - Payment of Trial Juror by Commonwealth

Section 51. Each trial juror who serves more than three days shall be paid by the commonwealth for the fourth day of service and each day thereafter at the rate of fifty dollars per day of service. A trial juror receiving payment under this section shall not be entitled to additional reimbursement for travel or other out-of-pocket expenses.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 52 - Grand Juror Financial Questionnaire

Section 52. Upon the commencement of grand juror service, each grand juror shall complete and sign a financial questionnaire under the penalties of perjury. The completed questionnaire shall contain the financial data necessary for the determination of a daily compensation rate for the grand juror to be paid by the commonwealth for the fourth and subsequent days of grand juror service. The questionnaire shall indicate whether or not the grand juror is employed and, if so, the regular daily wages of the juror and the daily compensation the juror expects to receive from his employer while performing grand juror service. The questionnaire shall indicate travel expenses, if any, in excess of those ordinarily incurred by the juror, as a result of grand juror service. The questionnaire shall be in such form and shall contain such further information as deemed appropriate by the jury commissioner with the approval of the committee. The court, clerk of court, or assistant clerk may make inquiry to a grand juror's employer for the purpose of corroborating or clarifying information supplied by the grand juror or to ascertain relevant policies of the employer. The information supplied by grand jurors in these questionnaires shall be held confidential by the court, clerk of court, and assistant clerks. A grand juror shall notify the court if at any time during the period of his grand juror service the information provided by the juror in the financial question changes or becomes obsolete. A notice of this duty shall appear prominently on the questionnaire. The completed questionnaires shall be kept on file in the office of the clerk of court for one year after the discharge of the grand jury. Completed questionnaires shall not constitute a public record.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 53 - Private Hearing to Determine Rate of Compensation of Grand Juror

Section 53. On the first day of grand juror service, the court shall hold a private hearing with each impanelled grand juror. The purpose of this hearing shall be to determine a daily compensation rate for each grand juror, not exceeding fifty dollars per day of service, to be paid by the commonwealth to the juror for the fourth and subsequent days of grand juror service. In this hearing the court shall consider the information contained in the grand juror financial questionnaire and other relevant information. For each day of service, a grand juror shall be entitled to receive, cumulatively from his employer and the commonwealth, an amount equal to the greater of the following two rates: fifty dollars per day or an amount not in excess of the regular daily wages plus daily travel expenses in excess of those ordinarily incurred by the juror; provided, however, that the contribution by the commonwealth to this amount shall not exceed fifty dollars per day.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 54 - Payment of Grand Juror by Commonwealth

Section 54. Each grand juror who serves more than three days shall be paid by the commonwealth for the fourth day of service and each day of service thereafter at the daily compensation rate for the particular grand juror determined under the section fifty-three.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 55 - Compensation of Absent, Alternate, Standby Jurors and Jurors on Telephone Notice; Credit During Adjournments

Section 55. A juror, including a standby juror and a juror on telephone notice, shall not be compensated by the commonwealth or credited with a day of service except for days on which the juror actually appeared as directed to perform juror service, unless provided otherwise in this chapter. A juror who is absent from service because of serious illness or other compelling reason, as determined by the court or office of jury commissioner, shall be credited with a day of juror service. Jurors shall not be compensated by the commonwealth nor credited with a day of service for a holiday or for business day on which a trial has been adjourned except as hereinafter provided. An employed juror who will lose compensation for a holiday because he is performing juror service or who will not be permitted to return to work during an unexpected adjournment may be awarded credit for a day of service or may be awarded reasonable compensation, not exceeding fifty dollars per day, by the court upon a finding that financial hardship would be imposed upon the juror in the absence of such an award. An alternate juror shall receive the same payments and reimbursements from his employer and the commonwealth as a juror. A standby juror may be reimbursed by the court or the office of jury commissioner for reasonable telephone and travel expenses incurred as a result of the performance of the conditions of standby status even though the standby juror may not perform juror service. Such reimbursement shall not exceed fifty dollars per day.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 56 - Special Awards of Compensation and Reimbursement; Expenses; Special Arrangements

Section 56. Notwithstanding other provisions of this chapter, the court shall have authority to make special awards of compensation and reimbursement to any juror or to any other person on behalf of a juror based on unusual circumstances, or awards of compensation and reimbursement for the fair administration of this chapter. The court may provide for reasonable costs and expenses including food, lodging, transportation, and amenities of sequestered jurors. The court may make special arrangements for handicapped and elderly jurors or handicapped and elderly dependents of jurors. The court may provide for the security, comfort, or emergency medical services for jurors. The court may reimburse a juror for reasonable out-of-pocket expenses incurred because of personal injury or property loss suffered by the juror while performing juror service upon a finding that the commonwealth is liable therefor or that it is in the best interests of the administration of the jury system of the commonwealth to do so.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 56a - Meals for Jurors in Accordance With Their Religious Requirements

Section 56A. The court shall provide, upon request of a juror, meals consisting of food or food products prepared in accordance with the religious requirements of such juror when meals would otherwise be provided during any period in which the jury has been sequestered by the court. The court shall inform the jurors of their rights under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 57 - Juror Service Certificate; Contents

Section 57. The juror service certificate shall contain the name and address of the juror; the name, address, and judicial district of the court in which the juror service was performed; the week in which the certificate applies; the number of days of jurors service performed by the juror during the said week, and the specific dates thereof; the total compensation received by the juror from the commonwealth during the said week; a declaration of the duty of an employer to compensate a juror-employee for the first three days, or part thereof, of trial juror service and the right of an employer to be excused from such duty by the court upon showing of extreme financial hardship; and any other information which the jury commissioner deems appropriate. Each juror service certificate shall be completed in duplicate, one copy for the juror, one copy for the employer of the juror.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 58 - Juror Service Certificates; Tender to Employer for Compensation

Section 58. The office of jury commissioner shall provide juror service certificates to all grand and trial jurors who perform juror service. Such certificates shall be provided not later than 14 days after the last business day of each week in which a grand or trial juror performs jury service. A juror who seeks compensation from his employer for juror service shall tender the employer's copy of the service certificate to his employer as soon as practical after its receipt. A notice of this duty shall appear prominently on the certificate.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 59 - Form of Payment of Grand and Trial Jurors Paid by Commonwealth

Section 59. Grand and trial jurors in participating counties shall receive compensation due from the commonwealth by check on a weekly basis. Each check shall include all compensation for juror services and authorized reimbursements incurred by the juror during the previous week. The office of jury commissioner may prepare and mail these checks. The comptroller of the commonwealth may establish a separate account for juror compensation and reimbursement under this chapter. The office of jury commissioner may draw upon this account for all checks issued under this section. The checks may be issued with data processing equipment, and a printed or stamped facsimile signature of the jury commissioner shall be authorized. No check shall be valid if the amount is greater than three hundred and fifty dollars. The office of jury commissioner shall not be authorized to disburse monies for sequestered jurors expenses or other special awards ordered by the court; these disbursements shall be handled in the office of the clerk of court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 60 - Employer Liability for Failure to Pay Juror-Employee

Section 60. Any employer who fails to compensate a juror-employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror-employee in tort. Upon the expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney fees to the juror upon a finding of wilful conduct by the employer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 61 - Violation of Sec. 60; Harassment, Etc. of Employee

Section 61. Any willful violation of section sixty of this chapter by an employer shall also constitute a violation of this section. A juror seeking a civil remedy against an employer shall have an election to proceed either under section sixty or under this section. An employer shall not deprive a juror-employee of his employment or any incidents or benefits thereof, nor shall an employer harass, threaten, or coerce an employee because the employee has received a juror summons, responds thereto, performs any obligation or election of juror service as a grand or trial juror, or exercises any right under any section of this chapter. An employer shall not impose compulsory work assignments upon any juror-employee nor shall the employer do any other intentional act which will substantially interfere with the availability, effectiveness, attentiveness, or peace of mind of the employee during the performance of his juror service. Any employer who violates this section shall be guilty of a crime and, upon conviction, may be punished by a fine of not more than five thousand dollars. Any employer who violates this section also shall be liable in tort to the juror-employee. The juror-employee may commence a civil action in the superior court for such damages and injunctive relief as may be appropriate. The court may award treble damages and reasonable attorney's fees to the juror upon a finding of willful conduct by the employer. The legal counsel for the office of jury commissioner may submit an application for the issuance of a criminal complaint in any court of competent jurisdiction against an employer who has violated this section or section sixty.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 62 - Trial Juror's Handbook

Section 62. Not later than ten days prior to the term of service of each trial juror, the office of jury commissioner shall provide each juror a copy of the trial juror's handbook. The handbook shall notify the juror of his pending juror service. The handbook shall inform jurors in lay terminology of the nature and extent of their forthcoming duties and responsibilities. The handbook may introduce and orient jurors to basic trial procedures and legal terminology. The office of jury commissioner shall provide maps and directions to the jury-trial locations and such other practical information as the jury commissioner deems appropriate. The full text of the handbook shall be specified in the regulations of the jury commissioner. Each trial juror shall read the handbook before he reports for juror service. The handbook shall be a public document. The jury commissioner may distribute copies of the handbook, and related educational materials, to public and private schools, civic organizations, the press, and others, in order to promote citizens awareness and understanding of all aspects of the juror system of this commonwealth. The jury commissioner may, with the approval of the committee, distribute or exhibit to jurors further educational materials, recordings, films, videotapes, lectures, and the like, as he deems appropriate to assist such persons in understanding and fulfilling their duties and obligations as jurors. Not later than ten days prior to each grand juror's term of service, the office of jury commissioner shall provide each juror such educational materials and practical instructions as are deemed appropriate by the jury commissioner to assist grand jurors in carrying out their duties and responsibilities. These materials shall be approved by the committee. In the event of any conflict, the instructions or charge of the trial judge in a particular case shall be paramount and shall supersede the trial juror handbook or grand juror general information provided under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 63 - Telephone Lines Established by Office of Jury Commissioner

Section 63. The office of jury commissioner, with the approval of the committee, may establish a sufficient number of telephone lines for the purposes of responding to juror inquiries, scheduling jurors' terms of service, disseminating general information and standby information to jurors, and for use in snow emergencies, other public emergencies, and personal problems and emergencies of jurors. Automatic telephone answering devices may be used where appropriate. These information lines may be toll-free where justified by the volume of use and public convenience. Juror information lines and automatic answering equipment may be located in juror pools or other appropriate locations outside of the office of jury commissioner.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 64 - Juror Orientation

Section 64. On the first morning of juror service, grand and trial jurors shall be oriented by the court as to their duties and responsibilities. The court may include such other general information and instruction as it deems appropriate. The court may use a videotaped presentation for this orientation. In the event of any conflict, the instructions or charge of the trial judge in a particular case shall supersede the general information provided to jurors in the orientation program. The office of jury commissioner, with the approval of the committee, may prepare such videotaped materials and other materials as are appropriate for use in the juror orientation programs. The office of jury commissioner may permit juror orientation materials to be used for educational purposes by schools, civic organizations, the press, and other groups in order to foster improved public understanding of the jury system. Unless the court orders otherwise, members of the public may be present in the juror pool during juror orientation programs for educational purposes.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 65 - Welcoming Address to Jurors

Section 65. Following the juror orientation program, a member of the court shall personally appear before the jurors and make a brief welcoming address. The office of jury commissioner, with the approval of the committee, may prepare suggested guidelines for the format and content of the welcome to the jurors. Unless the court orders otherwise, members of the public may be present in the juror pool during the welcoming address for educational purposes.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 66 - Judicial Discretion Hearing With Juror or Employer

Section 66. Following the welcome to the jurors, the court shall hold a private hearing with each juror or employer of a juror who requests to be heard. The purpose of such hearings shall be to dispose of all urgent personal problems of jurors and employers as to possible excuses, postponements, limitations on length of juror service, compensation, reimbursement, qualifications for juror service, or any other condition of juror service. The office of jury commissioner, with the approval of the committee, may prepare suggested guidelines for the judicial discretion hearing. The court may permit observers in the judicial discretion hearing for educational purposes as long as the identities of jurors are kept confidential by such observers and the personal decorum of the hearing is not lost thereby.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 67 - List of Grand and Trial Jurors Expected to Appear Sent or Delivered to Appropriate Clerks of Court

Section 67. Not later than ten days in advance of scheduled appearances by jurors, the office of jury commissioner shall send or deliver to the appropriate clerks of court a list of the grand and trial jurors expected to appear for service in the respective courts. The list shall contain the name, address, and date of birth of each juror and such other information as the jury commissioner, with the approval of the committee, deems appropriate. Unless the court orders otherwise, the list shall be available upon request for inspection by parties, counsel, their agents, and members of the public.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 67a - Examination of Jurors

Section 67A. Upon motion of either party, the court shall, or the parties or their attorneys may under the direction of the court, examine on oath a person who is called as a juror, to learn whether the juror related to either party or has any interest in the case, or has expressed or formed an opinion, or is sensible of any bias or prejudice. The objecting party may introduce other competent evidence in support of the objection. If the court finds that the juror does not stand indifferent in the case, another juror shall be called in. In a criminal case such examination shall include questions designed to learn whether such juror understands that a defendant is presumed innocent until proven guilty, that the commonwealth has the burden of proving guilt beyond a reasonable doubt, and that the defendant need not present evidence on the defendant's behalf. If the court finds that such juror does not so understand, another juror shall be called in.
To determine whether a juror stands indifferent in the case, if it appears that, as a result of the impact of considerations which may cause a decision to be made in whole or in part upon issues extraneous to the case, including, but not limited to, community attitudes, possible exposure to potentially prejudicial material or possible preconceived opinions toward the credibility of certain classes of persons, the juror may not stand indifferent, the court shall, or the parties or their attorneys may, with the permission and under the direction of the court, examine the juror specifically with respect to such considerations, attitudes, exposure, opinions or any other matters which may cause a decision to be made in whole or in part upon issues extraneous to the issues in the case. Such examination may include a brief statement of the facts of the case, to the extent the facts are appropriate and relevant to the issue of such examination and shall be conducted individually and outside the presence of other persons about to be called as jurors or already called.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 67b - Peremptory Challenges

Section 67B. In a civil case each party shall be entitled to 4 peremptory challenges. Such challenges shall be made before the commencement of the trial and may be made after it has been determined that a person called to serve as a juror stands indifferent in the case.