New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.12 - Failure to respond to questionnaire or summons; procedure for noncompliance

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Inquiry. In exercising the powers
					 set forth in section
					 502
					 (d) of the Judiciary Law, the commissioner of
					 jurors shall make inquiry of persons who do not respond to the juror
					 qualification questionnaire or jury service summons to determine the reason for
					 nonresponse and shall make reference to the power of a court to cite for
					 contempt or the power of the commissioner of jurors to bring a proceeding for
					 noncompliance, pursuant to section
					 527 of the
					 Judiciary Law.
(b)
					 Commencement of noncompliance proceeding. The commissioner of jurors may bring
					 a noncompliance proceeding against a person who fails to respond to the juror
					 qualification questionnaire or summons to appear for jury service by serving
					 upon such person, either personally or by first-class mail, a notice of
					 noncompliance in a form prescribed by the Chief Administrator of the Courts.
					 The form shall provide that a response to the commissioner of jurors shall be
					 made within 20 days after the date of service of the notice of noncompliance
					 and that the respondent must either admit noncompliance or request a hearing.
					 After 20 days have elapsed from the date of service, the commissioner of jurors
					 shall file with the Supreme Court a copy of the notice of noncompliance with
					 proof of service and any response thereto. The court, or a judicial hearing
					 officer designated pursuant to Part 122 of this Title, shall review the
					 material submitted and, where the person has failed to respond, or has admitted
					 noncompliance, or has been found not in compliance after a hearing held
					 pursuant to this section, may impose a penalty in accordance with section
					 527 of the
					 Judiciary Law and shall issue an order fixing a date certain for jury
					 service.
(c)
(1) Notwithstanding the
					 provisions of subdivision (b) of this section, where a person has failed to
					 respond and a default judgment is sought, an affidavit shall be submitted that
					 additional notice has been given, at least 20 days before the entry of
					 judgment, to the person who has failed to respond, by mailing a copy of the
					 notice of noncompliance by first class mail to such person at his or her place
					 of residence in an envelope bearing the legend "personal and confidential" and
					 not indicating on the outside of the envelope that the communication is from a
					 court, the commissioner of jurors or any other public officer or official. In
					 the event such mailing is returned as undeliverable by the post office before
					 entry of the default judgment, a copy of the notice of noncompliance then shall
					 be mailed in the same manner to the person who has failed to respond at his or
					 her place of employment, if known.
(2) The additional notice shall be
					 mailed not less than 20 days after service of the notice of noncompliance
					 pursuant to subdivision (b) of this section. An affidavit of mailing pursuant
					 to this paragraph shall be executed by a person mailing the notice and shall be
					 filed with the judgment.