A. Request for Panel. Not later than ten (10) judicial days before a trial panel is required to be in attendance, the Court shall order the jury commissioner or commissioner's agent to draw the names of qualified jurors and shall specify the number of names to be drawn, the case number, name(s) of plaintiff(s) and defendant(s), courtroom location, and date and time to appear. The jury commissioner or commissioner's agent shall also be informed by the court if there has been a previous jury called for the defendant in a criminal matter.B. Jury Lists and Questionnaires. Jury lists shall be provided to each party to the action on the day on which jury selection is to begin, or upon further order of the court. The jury commissioner or commissioner's agent will make the juror lists as complete as possible. Jury questionnaires are destroyed not less than ninety (90) days from receipt of said questionnaire in accordance with current rules, statutes, and/or adopted records retention schedules.C. Assessment of Jury Fees--Before/After Impanelment. In the event a case set for trial is settled before trial, and the Jury Commissioner is not notified in sufficient time by the court to excuse the jury from attendance, the jury fees and mileage incurred for the entire panel may be assessed against one or more of the parties in such proportions as the trial judge deems reasonable. Dismissal will not be entered by the court until a sum sufficient to defray such jury fees has been deposited with the Clerk of the Superior Court. If a jury has been impaneled for a trial but the case is settled or for any other reason the panel is not used for that trial, an assessment of jury fees may be made for each juror and alternate juror impaneled for each day on which the jury was present for trial.
D. Parties Against Whom Fees Assessed. Except as otherwise provided by law, the parties may by agreement, subject to approval by the court, designate the party or parties against whom jury fees are to be assessed. If the parties fail to so designate, the court may assess the jury fees equally against each side unless the court determines that the interests of justice require assessment of jury fees in some other manner.E. Mistrials. Jury fees for mistrials shall be fixed by the court at the time of the mistrial, and may be assessed at the time judgment is given or disposition made.L. R. Prac. Sup. Ct. AD-18
Added as AD-22 Aug. 30, 1993, effective 12/1/1993. Renumbered as AD-18 and amended June 30, 2009, effective 1/1/2010.HISTORICAL AND STATUTORY NOTES
Former Rule AD-18, which related to failure to pay filing fee on civil appeals from justice court, was deleted effective January 1, 2010.