N.Y. Comp. Codes R. & Regs. tit. 22 § 128.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 128.8 - Duration of service

(a) Trial jurors. Unless otherwise specified in the manner provided by section 525(d) of the Judiciary Law, a trial juror shall serve in the court for no more than five consecutive court days, except that service shall continue beyond any time limit fixed pursuant to this section until the conclusion of any trial for which a juror may be empanelled. For the purposes of this section, the duration of a juror's service shall be computed by counting the first day on which the juror is required to appear and each consecutive court day thereafter, excluding days in which the court is not in session, until the juror is released from service. The commissioner of jurors may release a trial juror from service at any time, except that a trial juror who has been sworn or selected to sit on a panel in a proceeding may be released before the proceeding is terminated only by a judge or justice unless trial of the proceeding has not been commenced within five court days from the date the juror was sworn, in which case, subject to the discretion of the appropriate administrative judge, the juror shall be released. Service as set forth in this section shall constitute service for purposes of section 128.9(b) of this Part.

(b) Telephone standby system. The Chief Administrator may direct the establishment in any county of a telephone standby system for the summoning or service of trial jurors. Service of a trial juror as provided by subdivision (a) of this section shall include service pursuant to a telephone standby system, and the computation of the duration of a trial juror's service as provided by subdivision (a) shall include any day on which the juror is on telephone standby service.

(c) Grand jurors. A grand juror shall serve for the duration of the term for which the grand juror has been selected and for any period during which the grand jury panel on which the grand juror has been serving is extended, unless sooner discharged.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 128.8