Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jury: means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact. See Utah Code 78B-1-102
Public necessity: means circumstances in which services performed by the prospective juror to members of the public in either a public or a private capacity cannot adequately be performed by others. See Utah Code 78B-1-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Undue hardship: means circumstances in which the prospective juror would:
(a)
be required to abandon a person under his or her personal care or incur the cost of substitute care which is unreasonable under the circumstances;
(b)
suffer extreme physical hardship due to an illness, injury, or disability; or
(c)
incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service. See Utah Code 78B-1-102
(a)
upon a showing:
(i)
of undue hardship;
(ii)
of public necessity;
(iii)
that the individual is a mother who is breastfeeding a child; or
(iv)
that the individual is incapable of jury service; and
(b)
for any period for which the grounds described in Subsection (1)(a) exist.
(2)
An individual described in Subsection (1) shall make the showing described in Subsection (1)(a) by affidavit, sworn testimony, or other competent evidence.
(3)
The court may postpone jury service upon a showing of good cause.
