N.M. R. Civ. P. Dist. Ct. 1-047
N.M. R. Civ. P. Dist. Ct. 1-047
Committee commentary. - Paragraph C of this rule was added to clarify the procedure for using and retaining juror qualification and questionnaire forms. In cases where an issue may be raised on appeal concerning jury selection or a particular juror, the appellant may consider filing a motion in the district court within ninety (90) days of the jury verdict to request an order requiring the retention of the juror qualification and questionnaire forms for inclusion in the record proper filed in the appellate court. Paragraph C of this rule supersedes administrative regulations concerning the retention of juror qualification and questionnaire forms.
[Adopted by Supreme Court Order No. 13-8300-042, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 18-8300-008, effective December 31, 2018.]
ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-008, effective December 31, 2018, provided additional privacy protections and destruction requirements for information contained in juror questionnaire forms, provided an exception to the confidentiality rules, made certain nonsubstantive changes, and revised the committee commentary; in Paragraph C, after the semicolon, added "certification of compliance with privacy requirements", and after "Supreme Court", added "which shall be subject to the following protections:", added new subparagraph designations "(1)" and "(2)", in Subparagraph C(1), after "questionnaire forms", added "including any electronic copies", after "possession of the court", deleted "as well as in the possession of others, including", and after "individual or entity", added "shall be kept confidential unless ordered unsealed under the provisions in Rule 1-079 NMRA", in Subparagraph C(2), added "All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity", and after "shall be destroyed", added "according to the following deadlines:", added subparagraph designation "(a)", in Subparagraph C(2)(a), added "All copies in the possession of the court shall be destroyed", and after "retention", deleted "of the form" and added "for a longer period of time; and", and added Subparagraphs C(2)(b), and C(3); and in Paragraph D, added the last sentence of the paragraph relating to confidentiality and destruction protections. The 2013 amendment, approved by Supreme Court Order No. 13-8300-042, effective December 31, 2013, required prospective jurors to complete an approved juror qualification and questionnaire form and supplemental questionnaires, if ordered by the court; provided for the destruction of juror qualification and questionnaire forms; and added Paragraphs C and D.
For drawing and empaneling jurors, see Sections 38-5-1 to 38-5-19 NMSA 1978. Compiler's notes. - Paragraph B is similar to Laws 1935, ch. 38, §1 (41-10-4, 1953 Comp.), repealed by Laws 1969, ch. 222, §17. A juror's personal view as to the law or what it should be is not a proper subject of inquiry on voir dire examination; he is bound by the law received from the court. State v. Thompson, 1961-NMSC-036, 68 N.M. 219, 360 P.2d 637. Juror may be discharged for good cause and alternate substituted. - Under Subdivision (b) (see now Paragraph B) a juror may be discharged for other causes and an alternate substituted besides substitution in case of death. A juror may be discharged by the court for good cause, and an alternate substituted as provided by the rule. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337 (decided prior to 1969 amendment). The trial court's action may only be set aside if he acts arbitrarily or abuses discretion in discharging a juror and substituting an alternate. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337. Discharge without notice or hearing is not abuse of discretion. - Action of court in discharging a juror, when no notice was given counsel prior to the action taken by the court in discharging the juror and no hearing was given before the court to have a determination made and discover whether or not there was a legal reason for discharging the juror, was not an abuse of judicial discretion. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337. The better practice is for the court of its own motion to conduct a summary hearing to determine the inability of a juror to serve before he is discharged during the trial. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337. Use of additional challenges. - Where both defendants exercised all their peremptory challenges before the second panel of jurors was called and the trial court subsequently allowed two additional challenges to both the plaintiff and to each defendant, allowing all the challenges to be used against the regular panel and not requiring that the additional challenges be used only against the alternates was error. Carraro v. Wells Fargo Mtg. & Equity, 1987-NMCA-122, 106 N.M. 442, 744 P.2d 915. Am. Jur. 2d, A.L.R. and C.J.S. references. - Scope and import of term "owner" in statutes relating to qualifications of juror, 2 A.L.R. 800, 95 A.L.R. 1085. Betting on result as disqualifying juror, 2 A.L.R. 813. Conferring right of suffrage upon women as qualifying them as jurors, 12 A.L.R. 525, 157 A.L.R. 461. Membership in Ku-Klux-Klan as ground for challenge of juror, 31 A.L.R. 411, 158 A.L.R. 1361. Unfamiliarity with English as affecting competency of juror, 34 A.L.R. 194. Effect of exclusion of women from jury list, 52 A.L.R. 922. Challenge to panel as remedy for exclusion of eligible class or classes of persons from jury list, 52 A.L.R. 923. Questions to jury in personal injury or death action as to interest in, or connection with, indemnity insurance company, 56 A.L.R. 1454, 74 A.L.R. 849, 95 A.L.R. 388, 105 A.L.R. 1319, 4 A.L.R.2d 761. Statutory grounds for challenge of jurors for cause as exclusive of common-law grounds, 64 A.L.R. 645. Right to introduce extrinsic evidence in support of challenge to juror for cause, 65 A.L.R. 1056. Statute or rule of court providing for summary judgment in absence of affidavit of merits as infringement of right to jury trial, 69 A.L.R. 1031, 120 A.L.R. 1400. Women's suffrage amendment as affecting right of women to serve on juries, 71 A.L.R. 1336. Challenge of proposed juror for implied bias or interest because of relationship to one who would be subject to challenge for that reason, 86 A.L.R. 118. Prospective juror's connection with insurance company as ground for challenge for cause in action for personal injuries or damage to property, 103 A.L.R. 511. Power of court to exclude all persons belonging to class membership which may be supposed to involve bias or prejudice from panel or venire for particular case, 105 A.L.R. 1527. Validity and effect of plan or practice as to consulting preferences of persons eligible for jury service, as regards periods or times of service or character of actions, 112 A.L.R. 995. Dissolution of marriage as affecting disqualifying relationship by affinity in case of juror, 117 A.L.R. 800. Member of petit jury as officer within constitutional or statutory provision in relation to oath or affirmation, 118 A.L.R. 1098. Intelligence, character, religious or loyalty tests of qualifications of juror, 126 A.L.R. 506. Women as jurors, 157 A.L.R. 461. Membership in secret order or organization for the suppression of crime as proper subject for examination of juror, 158 A.L.R. 1361. Competency of juror as affected by his participation in a case of similar character, but not involving the party making the objection, 160 A.L.R. 753. Governing law as to existence or character of offense for which one has been convicted in federal court or court of another state, as bearing upon disqualifications to sit on jury, 175 A.L.R. 805. Peremptory challenge after acceptance of juror, 3 A.L.R.2d 499. Waiver of peremptory challenge or challenges in civil case other than by acceptance of juror, 56 A.L.R.2d 742. Right to peremptory challenge as prejudiced by appearance of additional counsel in civil case after impaneling of jury, 56 A.L.R.2d 971. Prejudicial effect of reference on voir dire examination of jurors to settlement efforts, 67 A.L.R.2d 560. Previous knowledge of facts of civil case by juror as disqualification, 73 A.L.R.2d 1312. Disqualification, in absence of specific controlling statute, of residents or taxpayers of litigating political subdivision, 81 A.L.R.2d 708. Propriety of inquiry on voir dire as to juror's attitude toward amount of damages asked, 82 A.L.R.2d 1420. Constitutionality and construction of statute or court rule relating to alternate or additional jurors or substitution of jurors during trial, 84 A.L.R.2d 1288, 15 A.L.R.4th 1127, 88 A.L.R.4th 711. Voir dire inquiry, in personal injury or death case, as to prospective jurors' acquaintance with literature dealing with amounts of verdicts, 89 A.L.R.2d 1177. Effect of allowing excessive number of peremptory challenges, 95 A.L.R.2d 957. Propriety and effect of asking prospective jurors hypothetical questions, on voir dire, as to how they would decide issues of case, 99 A.L.R.2d 7. Proper procedure upon illness or other disability of juror, 99 A.L.R.2d 684. Religious belief as ground for exemption or excuse from jury service, 2 A.L.R.3d 1392. Social or business relationship between proposed juror and nonparty witness as affecting former's qualification as juror, 11 A.L.R.3d 859. Claustrophobia or other neurosis of juror as subject of inquiry on voir dire or of disqualification of jury, 20 A.L.R.3d 1420. Number of peremptory challenges allowable in civil case where there are more than two parties involved, 32 A.L.R.3d 747. Use of peremptory challenge to exclude from jury persons belonging to a class or race, 79 A.L.R.3d 14, 20 A.L.R.5th 398. Professional or business relations between proposed juror and attorney as ground for challenge for cause, 52 A.L.R.4th 964. Effect of juror's false or erroneous answer on voir dire as to previous claims or actions against himself or his family, 66 A.L.R.4th 509. Propriety of substituting juror in bifurcated state trial after end of first phase and before second phase is given to jury, 89 A.L.R.4th 423. Prospective juror's connection with insurance company as ground for challenge for cause, 9 A.L.R.5th 102. Use of preemptory challenges to exclude caucasian persons, as a racial group, from criminal jury-post-batson state cases, 47 A.L.R.5th 259. Admissibility, after enactment of Rule 411, Federal Rules of Evidence, of evidence of liability in negligence actions, 40 A.L.R. Fed. 541. Examination and challenge of federal case jurors on basis of attitudes toward homosexuality, 85 A.L.R. Fed. 864. 50 C.J.S. Juries §§ 333, 462, 463, 465, 482.