N.Y. Comp. Codes R. & Regs. tit. 22 § 128.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 128.6 - Summoning of trial jurors and grand jurors

(a) Trial jurors and grand jurors shall be selected for summoning at random from prospective jurors previously qualified for service. In the alternative, the Chief Administrator of the Courts may direct that in any county trial jurors and grand jurors be selected for summoning at random from the juror source lists and that their qualifications for service be determined during the summoning process in accordance with the procedures set forth in section 128.5 of this Part.

(b) The commissioner of jurors shall determine the number of jurors to be selected for summoning and shall summon such jurors, unless such number otherwise is specified by the Chief Administrator of the Courts. At any time during a term of court in a county, the court may direct an additional specified number of jurors to be drawn, set the time of the drawing, and require the commissioner to summon the additional jurors, giving such notice as the court shall direct. The drawing shall be conducted in the same manner as a regular drawing.

(c) Whenever practicable, the summons shall be served by first class mail at least 14 days before the day the juror is required to appear, unless a shorter period is necessary to satisfy court requirements for sufficient jurors. The commissioner of jurors shall maintain for one year a record of the date and reason when the mailing of the summons occurred less than 14 days before the return date of the summons. If service by first class mail cannot be made or is impracticable, the summons may be served personally upon the juror by personal delivery to the juror, or to a person of suitable age and discretion at the juror's residence or place of business.

(d) Jurors who appear for the sole purpose of requesting an excuse, deferment or postponement from jury service shall not be entitled to any per diem fee or mileage allowance.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 128.6