Indiana Code 33-28-5-18. Disqualification or excuse from jury service
(b) A prospective juror is disqualified to serve on a jury if any of the following conditions exist:
Terms Used In Indiana Code 33-28-5-18
- Conviction: A judgement of guilt against a criminal defendant.
- courts: means courts that conduct jury trials. See Indiana Code 33-28-5-1
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Juror: A person who is on the jury.
- juror qualification form: means the form prescribed for use by the courts and delivered to each prospective juror. See Indiana Code 33-28-5-2
- jury administrator: means the court administrator, the county clerk, or other clerical personnel appointed by a supervising judge to administer the jury assembly process. See Indiana Code 33-28-5-3
- Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- supervising judge: means a judge of the courts designated to supervise the jury assembly process. See Indiana Code 33-28-5-7
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Verdict: The decision of a petit jury or a judge.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) The person is unable to read, speak, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory jury service due to physical or mental disability. However, a person claiming this disqualification may be required to submit a physician’s or authorized Christian Science practitioner’s certificate confirming the disability, and the certifying physician or practitioner is then subject to inquiry by the court at the court’s discretion.
(4) A guardian has been appointed for the person under IC 29-3 because the person has a mental incapacity.
(5) The person has had the right to vote revoked by reason of a felony conviction and the right has not been restored.
(c) A person scheduled to appear for jury service has the right to defer the date of the person’s initial appearance for jury service one (1) time upon a showing of hardship, extreme inconvenience, or necessity. The court shall grant a prospective juror’s request for deferral if the following conditions are met:
(1) The prospective juror has not previously been granted a deferral.
(2) The prospective juror requests a deferral by contacting the jury administrator:
(A) by telephone;
(B) by electronic mail;
(C) in writing; or
(D) in person.
(3) The prospective juror selects another date on which the prospective juror will appear for jury service that is:
(A) not more than one (1) year after the date upon which the prospective juror was originally scheduled to appear; and
(B) a date when the court will be in session.
(4) The court determines that the prospective juror has demonstrated that a deferral is necessary due to:
(A) hardship;
(B) extreme inconvenience; or
(C) necessity.
(d) A prospective juror who is at least seventy-five (75) years of age may be exempted from jury service if the prospective juror notifies the jury administrator that the prospective juror is at least seventy-five (75) years of age and wishes to be exempted from jury service.
(e) A person may not serve as a petit juror in any county if the person served as a petit juror in the same county within the previous three hundred sixty-five (365) days in a case that resulted in a verdict. The fact that a person’s selection as a juror would violate this subsection is sufficient cause for challenge.
(f) A grand jury, a petit jury, or an individual juror drawn for service in one (1) court may serve in another court of the county, in accordance with orders entered on the record in each of the courts.
(g) The same petit jurors may be used in civil cases and in criminal cases.
(h) A person may not be excluded from jury service on account of race, color, religion, sex, national origin, or economic status.
[Pre-2004 Recodification Citation: 33-4-11-18.]
As added by P.L.98-2004, SEC.7. Amended by P.L.4-2006, SEC.4; P.L.118-2007, SEC.15; P.L.157-2009, SEC.1.