Chapter 494 General Provisions as to Juries

494.430 - Persons entitled to be excused from jury service — determinations made by judge — undue or extreme physical or financial hardship defined — documentation required, when.

Steven Groce, Attorney Advertisement

1.Upon timely application to the court, the following persons shall be excused from service as a petit or grand juror:

(1)Any person who has served on a state or federal petit or grand jury within the preceding two years;

(2)Any nursing mother, upon her request, and with a completed written statement from her physician to the court certifying she is a nursing mother;

(3)Any person whose absence from his or her regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest;

(4)Any person upon whom service as a juror would in the judgment of the court impose an undue or extreme physical or financial hardship;

(5)Any person licensed as a health care provider as such term is defined in section 538.205, but only if such person provides a written statement to the court certifying that he or she is actually providing health care services to patients, and that the person's service as a juror would be detrimental to the health of the person's patients;

(6)Any employee of a religious institution whose religious obligations or constraints prohibit their serving on a jury.The certification of the employment and obligation or constraint may be provided by the employee's religious supervisor.

2.A judge of the court for which the individual was called to jury service shall make undue or extreme physical or financial hardship determinations.The authority to make these determinations is delegable only to court officials or personnel who are authorized by the laws of this state to function as members of the judiciary.

3.A person asking to be excused based on a finding of undue or extreme physical or financial hardship must take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty.

4.Unless it is apparent to the court that the physical hardship would significantly impair the person's ability to serve as a juror, for purposes of sections 494.400 to 494.460 undue or extreme physical or financial hardship is limited to circumstances in which an individual would:

(1)Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury; or

(2)Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support; or

(3)Suffer physical hardship that would result in illness or disease.

5.Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.

6.A person asking a judge to grant an excuse based on undue or extreme physical or financial hardship shall provide the judge with documentation as required by the judge, such as, but not limited to, federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused.Failure to provide satisfactory documentation shall result in a denial of the request to be excused.Such documents shall be filed under seal.

7.After two years, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently.A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211, A.L. 2005 S.B. 420 & 344, A.L. 2014 H.B. 1320)

494.465 - Challenge of jury on grounds that it was not selected in conformity with sections 494.400 to 494.505.

1.A party may move to stay the proceedings or for other appropriate relief including, in a criminal case, to quash the indictment if there has been a substantial failure to comply with the declared policy of sections 494.400 to 494.505 in selecting a grand jury, on the ground of substantial failure to comply with the provisions of sections 494.400 to 494.505.Such motion may be made at any time before the petit jury is sworn to try the case or within fourteen days after the moving party discovers or by the exercise of reasonable diligence could have discovered the grounds therefor, whichever occurs later.

2.Upon motion filed under subsection 1 of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with sections 494.400 to 494.505, the moving party is entitled to present in support of the motion the testimony of any competent witness or any relevant records and papers not public or otherwise available used by the board of jury commissioners and any other relevant evidence.If the court determines that in selecting either a grand jury or a petit jury there has been substantial failure to comply with the declared policy of sections 494.400 to 494.505, the court shall stay the proceedings pending the selection of the jury in conformity with the declared policy or grant other appropriate relief.

3.The procedures prescribed by this section are the exclusive means by which a party in a case may challenge a jury on the ground that the jury was not selected in conformity to sections 494.400 to 494.505.

(L. 1989 S.B. 127, et al.)

494.475 - Inhabitants of city or county not disqualified when city or county is a party.

In all actions brought by or against any county or city, the inhabitants of the county or city so suing or being sued may be jurors, if otherwise competent and qualified.

(L. 1989 S.B. 127, et al.)

494.420 - Selection of jurors from qualified jury list.

1.Those persons constituting the qualified jury list, when summoned, shall be placed under the control and supervision of the sheriff or other person designated by the board of jury commissioners in a designated area to be provided in the courthouse.

2.Whenever a judge of the circuit court shall require a panel of jurors for jury service, he shall designate the number of jurors required.This number of jurors shall be randomly selected in a manner specified by the board of jury commissioners from the qualified jury list.

(L. 1989 S.B. 127, et al.)

494.455 - Compensation of jurors, mileage — additional compensation may be authorized, when.

1.Each county or city not within a county may elect to compensate its jurors pursuant to subsection 2 of this section except as otherwise provided in subsection 3 of this section.

2.Each grand and petit juror shall receive six dollars per day, for every day he or she may actually serve as such, and seven cents for every mile he or she may necessarily travel going from his or her place of residence to the courthouse and returning, to be paid from funds of the county or a city not within a county.The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors, which additional compensation shall be paid from the funds of the county or a city not within a county.The governing body of each county or a city not within a county may authorize additional daily compensation and mileage allowance for jurors attending a coroner's inquest.Jurors may receive the additional compensation and mileage allowance authorized by this subsection only if the governing body of the county or the city not within a county authorizes the additional compensation.The provisions of this subsection authorizing additional compensation shall terminate upon the issuance of a mandate by the Missouri supreme court which results in the state of Missouri being obligated or required to pay any such additional compensation even if such additional compensation is formally approved or authorized by the governing body of a county or a city not within a county.Provided that a county or a city not within a county authorizes daily compensation payable from county or city funds for jurors who serve in that county pursuant to this subsection in the amount of at least six dollars per day in addition to the amount required by this subsection, a person shall receive an additional six dollars per day to be reimbursed by the state of Missouri so that the total compensation payable shall be at least eighteen dollars, plus mileage for each day that the person actually serves as a petit juror in a particular case; or for each day that a person actually serves as a grand juror during a term of a grand jury.The state shall reimburse the county for six dollars of the additional juror compensation provided by this subsection.

3.In any county of the first classification without a charter form of government and with a population of at least two hundred thousand inhabitants, no grand or petit juror shall receive compensation for the first two days of service, but shall receive fifty dollars per day for the third day and each subsequent day he or she may actually serve as such, and seven cents for every mile he or she may necessarily travel going from his or her place of residence to the courthouse and returning, to be paid from funds of the county.

4.When each panel of jurors summoned and attending court has completed its service, the board of jury commissioners shall cause to be submitted to the governing body of the county or a city not within a county a statement of fees earned by each juror.Within thirty days of the submission of the statement of fees, the governing body shall cause payment to be made to those jurors summoned the fees earned during their service as jurors.

(L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al., A.L. 2001 H.B. 945)

494.400 - Qualifications of jurors, selection, exclusions prohibited.

All persons qualified for grand or petit jury service shall be citizens of the state and shall be selected at random from a fair cross section of the citizens of the county or of a city not within a county for which the jury may be impaneled, and all such citizens shall have the opportunity to be considered for jury service and an obligation to serve as jurors when summoned for that purpose, unless excused.A citizen of the county or of a city not within a county for which the jury may be impaneled shall not be excluded from selection for possible grand or petit jury service on account of race, color, religion, sex, national origin, or economic status.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)

494.500 - Aliens, jury in the trial of.

No alien shall be entitled to a jury of part aliens or strangers, for the trial of any indictment, but in every case the jurors shall be such only as are qualified to serve according to the laws of this state.

(L. 1989 S.B. 127, et al.)

494.410 - Master jury list.

1.The board of jury commissioners shall compile and maintain a list of potential jurors and their addresses, and shall update such list periodically in a manner to be determined by the board.The master jury list shall be comprised of not less than five percent of the total population of the county or city not within a county as determined from the last decennial census.In no event shall the master jury list contain less than four hundred names.In compiling the master jury list the board of jury commissioners shall take reasonable measures to avoid duplication of names.

2.Beginning July 1, 2004, the master jury list shall be the result of random selection of names from a minimum of two government records including, but not limited to, personal property tax list, voter's registration list, and driver's license records.The information furnished by the department of revenue shall not be disclosed except as allowed pursuant to federal law.

3.Whoever has custody, possession, or control of any record used in compiling the master jury list shall make the record available to the board of jury commissioners for inspection, reproduction and copying at all reasonable times.

4.The names on the master jury list shall be considered a public record.The master jury list and copies of all records used in compiling the list shall be retained by the board of jury commissioners for at least five years after compilation of the list.

(L. 1989 S.B. 127, et al., A.L. 2003 H.B. 613)

494.445 - Petit jurors, maximum number of days required to serve, exception.

1.Except as otherwise provided in subsections 2 and 3, no petit juror shall be required to attend court for prospective jury service more than twenty days in any one-year period except as is necessary to complete service in a particular case.

2.Subsequent to January 1, 2005, in jurisdictions on the nonpartisan court plan, no petit juror shall be required to attend court for prospective jury service for more than two days pursuant to a jury summons unless selected to a panel of prospective jurors for jury service pursuant to subsection 2 of section 494.420, or selected to serve as a petit juror in one particular case.

3.In jurisdictions on the nonpartisan court plan, no petit juror shall be required to serve as a juror for more than twenty days in any one-year period except as is necessary to complete service in a particular case.

(L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al., A.L. 2004 S.B. 1211)

494.415 - Qualified jury list — juror qualification form, contents — postponement of service.

1.From time to time and in a manner prescribed by the board of jury commissioners there shall be drawn at random from the master jury list the names or identifying numbers of as many prospective jurors as the court may require.The board of jury commissioners shall cause to be served in a manner prescribed by law for the service of summons or by ordinary mail, as determined by the board, a summons for jury service and a juror qualification form.The juror qualification form shall be approved by the circuit court en banc and shall:

(1)Contain instructions to fill out and return the form within ten days;

(2)Contain the prospective juror's declaration that his responses are true to the best of his knowledge; and

(3)Elicit information concerning the prospective juror's qualifications.

Notarization of the juror qualification form shall not be required.If the prospective juror is unable to fill out the juror qualification form, another person may do it for the prospective juror and shall so indicate and the reason therefor.Any prospective juror who fails to return a completed juror qualification form as instructed may be directed by the board of jury commissioners to appear forthwith to fill out a juror qualification form.

2.If it is determined from an examination of the juror qualification form that a person is not qualified to serve as a juror, that prospective juror shall be notified in a manner directed by the board of jury commissioners and shall not be required to comply with the summons for jury service.Such names shall be deleted from the master jury list.

3.Upon application by a prospective juror, the jury supervisor or board of jury commissioners, acting in accordance with written guidelines adopted by the circuit court, may postpone that prospective juror's service to a later date.

4.Those prospective jurors not disqualified from jury service shall constitute the qualified jury list.If any prospective juror is later determined to be ineligible or disqualified, such name shall be deleted from the qualified jury list and the master jury list.

(L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al.)

494.440 - Data processing devices may be used in compiling lists.

In compiling and maintaining a list of prospective and qualified jurors and in summoning qualified jurors for service, the board of jury commissioners may use such data processing or mechanical devices as it considers sufficient and efficient to carry out the declared policy of sections 494.400 to 494.505.

(L. 1989 S.B. 127, et al.)

494.450 - Juror nonattendance, criminal contempt, fine.

A person who is summoned for jury service and who willfully fails to appear and who has failed to obtain a postponement in compliance with section 494.432 or as an excuse pursuant to section 494.430, or to respond to the juror qualification form shall be in civil contempt of court, enforceable by an order directing him or her to show cause for his or her failure to comply with the summons and the juror qualification form.Following an order to show cause hearing, the court may impose a fine not to exceed five hundred dollars.The prospective juror may be excused from paying sanctions for good cause shown or in the interests of justice.In addition to, or in lieu of, the fine, the court may order that the prospective juror complete a period of community service for a period of no less than if the prospective juror would have completed jury service, and require that he or she provide proof of completion of such community service to the court.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)

494.405 - Board of jury commissioners, duties, quorum, meetings, members — circuit clerks, duties — supervisors, appointment, certain counties — jury supervisors, deputies, salaries, duties, oath.

1.There is hereby created in each county, and each city not within a county, a board of jury commissioners.The board shall be responsible for managing and supervising the jury selection process.A majority of the members of the board shall constitute a quorum for the transaction of business.The time, place and manner of meetings of the board and the rules for performing its duties shall be fixed by the board.

2.The board of jury commissioners shall be comprised of the presiding judge of the circuit, or a circuit or associate circuit judge of the circuit designated by the presiding judge, the clerk of the circuit court, and the county clerk.The judge member of the board of jury commissioners shall be the presiding officer.In counties of the first class having charter forms of government and in any city not within a county, the circuit court en banc shall constitute the board of jury commissioners, and the presiding judge of the court en banc shall preside.Nothing herein shall be construed to diminish the statutory term of office or the statutory compensation of any person currently serving as jury commissioner.

3.The clerk and deputy circuit clerks of the circuit court shall assist the board of jury commissioners in clerical and administrative duties as specified by the board.

4.In counties of the first class having a charter form of government the board of jury commissioners may appoint a jury supervisor and such number of deputy jury supervisors as deemed necessary to perform duties as specified by the board.The jury supervisor and the deputy jury supervisors so appointed shall serve at the pleasure of the board and shall receive a salary determined and fixed by the board, payable monthly or more often by the governing body of the county in which the judicial circuit is located.

5.In counties of the first classification not having a charter form of government, subject to the approval of the governing body of the county, the board of jury commissioners may appoint a jury supervisor and such number of deputy jury supervisors as deemed necessary to perform duties as specified by the board.The jury supervisor and the deputy jury supervisors so appointed shall be county employees, but shall serve at the pleasure of the board.The jury supervisor and the deputy jury supervisors shall receive a salary determined and fixed by the governing body of the county, payable monthly or more often by the governing body of the county in which the judicial circuit is located.

6.In each city not within a county the board of jury commissioners may appoint a jury supervisor and such number of deputy jury supervisors as deemed necessary to perform duties as specified by the board.The jury supervisor and deputy jury supervisors so appointed shall receive a salary recommended by the board of jury commissioners and approved by the board of estimate and apportionment.The jury supervisor and each deputy jury supervisor who are regularly employed throughout the year shall receive job classifications and salaries comparable to employees in similar positions under the merit system of the city.Subsequent increases in salary shall be determined and paid in the same manner as for other employees in similar positions under such merit system.

7.Before entering upon the duties of office, the jury supervisor and deputy jury supervisors so appointed shall take and subscribe before a circuit judge of the circuit an oath or affirmation to support the Constitution of the United States and of this state and to faithfully demean themselves in office.

(L. 1989 S.B. 127, et al., A.L. 1993 S.B. 88)

494.505 - Jurors may be summoned from another county, when — procedure — transportation furnished jury instead of mileage, when.

1.Whenever it shall appear, in the manner provided in section 545.490, that the inhabitants of the entire county in which the cause is pending are so prejudiced against the defendant that a fair trial cannot be had, the circuit court judge may order as many jurors as he deems necessary to be summoned from any county or counties in the same judicial circuit as the county of trial or in any adjoining judicial circuit.If the circuit court judge is of the opinion that it is necessary in order to provide a fair trial of any cause, he may summon jurors from a county which is neither in the circuit nor adjoining the judicial circuit in which the trial is to be held by requesting the chief justice of the supreme court of the state of Missouri to name a county in the state from which jurors may be summoned for such trial.

2.If jurors are summoned from a county other than the county of trial, the selection of the jury panel may, at the discretion of the circuit court judge, be held in the county in which the jurors reside.

3.Jurors summoned pursuant to the provisions of subsection 1 of this section shall be subject to the same challenges as other jurors, except challenges for nonresidence in the county of trial.Transportation may be furnished to the jurors in lieu of mileage.

4.The supreme court of the state of Missouri shall promulgate rules to implement the provisions of this section.

(L. 1989 S.B. 127, et al.)

494.470 - Challenges for cause, grounds for — juror on panel not summoned off as a witness, exception.

1.No witness or person summoned as a witness in any cause, no person who has formed or expressed an opinion concerning the matter or any material fact in controversy in any case that may influence the judgment of such person, and no person who is kin to either party in a civil case or to the injured party, accused, or prosecuting or circuit attorney in a criminal case within the fourth degree of consanguinity or affinity shall be sworn as a juror in the same cause.

2.Persons whose opinions or beliefs preclude them from following the law as declared by the court in its instructions are ineligible to serve as jurors on that case.

3.All challenges for cause may be tried by the court on the oath of the person challenged or on other evidence and such challenges shall be made before the juror is sworn.If the cause of challenge be discovered after the juror is sworn and before any part of the evidence is delivered, the juror may be discharged or not in the discretion of the court.

4.A prospective juror may be challenged for cause for any reason mentioned in this section and also for any causes authorized by the law.

5.It shall be unlawful for any party to any suit to have summoned off of the regular panel of any jury, qualified for the trial of any cause, any of such jurors, to be used as witnesses in any cause pending in the court, unless the party at whose instance such juror or jurors is summoned shall first show, to the satisfaction of the court, that such juror or jurors so to be summoned are material witnesses, whose evidence he should have in the trial of the cause, and unless he so shows, the court may refuse to allow such juror to be summoned as a juror may be summoned as a witness prior to the first day of the term without first showing to the court that such person is a material witness.

(L. 1989 S.B. 127, et al.)

494.425 - Persons ineligible for jury service.

The following persons shall be disqualified from serving as a petit or grand juror:

(1)Any person who is less than twenty-one years of age;

(2)Any person not a citizen of the United States;

(3)Any person not a resident of the county or city not within a county served by the court issuing the summons;

(4)Any person who has been convicted of a felony, unless such person has been restored to his civil rights;

(5)Any person unable to read, speak and understand the English language, unless such person's inability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services;

(6)Any person on active duty in the Armed Forces of the United States or any member of the organized militia on active duty under order of the governor;

(7)Any judge of a court of record;

(8)Any person who, in the judgment of the court, is incapable of performing the duties of a juror because of mental or physical illness or infirmity.The juror or the juror's personal representative, may provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four months.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)

494.435 - Panel exhausted, other jurors summoned.

Whenever there is an unanticipated shortage of available petit jurors drawn from a qualified jury list, the court may require the sheriff or a jury supervisor to summon a sufficient number of petit jurors from bystanders.If any party objects to bystanders being summoned, additional jurors shall be selected at random from the qualified jury list.

(L. 1989 S.B. 127, et al.)

494.460 - Employers prohibited from disciplining employees because of jury duty, action for damages, attorney fees — employees not required to use leave for jury duty — automatic postponement of jury duty, when.

1.An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons.

2.An employee discharged in violation of this section may bring civil action against his or her employer within ninety days of discharge for recovery of lost wages and other damages caused by the violation and for an order directing reinstatement of the employee.If the employee prevails, the employee shall be entitled to receive a reasonable attorney's fee.

3.An employee may not be required or requested to use annual, vacation, personal, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury.Nothing in this provision shall be construed to require an employer to provide annual, vacation, personal, or sick leave to employees under the provisions of this statute who otherwise are not entitled to such benefits under company policies.

4.A court shall automatically postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer has been previously summoned to appear during the same period.Such postponement will not effect an individual's right to one automatic postponement pursuant to section 494.432.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)

494.495 - Jury may separate, when — duty of court.

The court may permit the jury to separate at any adjournment or recess of the court during the trial and jury deliberation in all cases of misdemeanor or felony, except in capital cases.When the jurors are permitted to separate, after being impaneled as provided for in sections 494.400 to 494.505, and at each adjournment the court shall admonish them that it is their duty not to converse among themselves, nor to suffer others to converse with them or in their hearing on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them, or until they return to the jury room to continue their deliberations.

(L. 1989 S.B. 127, et al.)

494.485 - Alternate jurors.

If in any case to be tried before a jury it appears to the court to be appropriate, the court may direct that a number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties.Alternate jurors shall be selected in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the principal jurors.Alternate jurors who do not replace principal jurors shall be discharged after the jury retires to consider its verdict.Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law for each two alternate jurors to be impaneled.The additional peremptory challenge may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against the alternates.

(L. 1989 S.B. 127, et al., A.L. 1999 S.B. 1, et al.)

494.442 - List of licensed drivers to contain Social Security numbers — numbers to be provided to board of jury commissioners — election authority to provide numbers — effective date.

1.The list required by section 302.110 to be kept by the director of revenue shall, in addition to the information required under section 302.110, contain the Social Security numbers of all licensed drivers, and the Social Security numbers for all drivers who provide such numbers to the director for use as their drivers' license numbers shall be provided to the board of jury commissioners of each county and of each city not within a county for the compilation of the master jury list pursuant to section 494.410.Notwithstanding any other provision of law to the contrary, Social Security numbers provided to the board of jury commissioners shall not be made available for public inspection but may be used by the board of jury commissioners for official use.

2.The election authority shall include the Social Security numbers of all registered voters who have provided such numbers to the election authority in any lists provided to the board of jury commissioners of each county and of each city not within a county for the compilation of the master jury list pursuant to section 494.410.

3.This section shall become effective on January 1, 1994.

(L. 1993 S.B. 88)

Effective 1-01-94

494.480 - Peremptory challenges — civil cases, multiple parties, allocation — criminal cases — qualification of juror as basis for new trial — costs for impaneling jury to be paid, when.

1.In trials of civil causes each party shall be entitled to peremptorily challenge three jurors.When there are multiple plaintiffs or defendants, all plaintiffs and all defendants shall join in their challenges as if there were one plaintiff and one defendant.The court in its discretion may allocate the allowable peremptory challenges among the parties plaintiff or defendant upon good cause shown and as the ends of justice require.In all cases, the plaintiff shall announce its challenges first.

2.In all criminal cases, the state and the defendant shall be entitled to a peremptory challenge of jurors as follows:

(1)If the offense charged is punishable by death, the state shall have the right to challenge nine and the defendant nine;

(2)In all other cases punishable by imprisonment in the penitentiary, the state shall have the right to challenge six and the defendant six;

(3)In all cases not punishable by death or imprisonment in the penitentiary, the state and the defendant shall each have the right to challenge two.

3.In all criminal cases where several defendants are tried together, the following provisions shall apply:

(1)Each defendant then on trial shall be allowed separate peremptory challenges as provided in subsection 2 of this section;

(2)The number of peremptory challenges allowed the state by subsection 2 of this section shall be multiplied by the number of defendants then on trial in each case.

4.Within such time as may be ordered by the court, the state shall announce its peremptory challenges first and the defendants thereafter.The qualifications of a juror on the panel from which peremptory challenges by the defense are made shall not constitute a ground for the granting of a motion for new trial or the reversal of a conviction or sentence unless such juror served upon the jury at the defendant's trial and participated in the verdict rendered against the defendant.

5.If the defendant pleads guilty to a lesser or included offense other than the offense charged in the information or indictment in return for a specific lesser sentence than such defendant would likely have received if such defendant were found guilty of the crime charged, or makes any other plea bargaining arrangement, at any time after the jury is impaneled such defendant shall be liable to the county for the costs associated with impaneling the jury.

(L. 1989 S.B. 127, et al., A.L. 1993 S.B. 180, A.L. 1996 S.B. 869)

Effective 7-01-97

494.432 - Postponement of jury duty, when.

1.Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only for reasons other than undue influence or extreme physical or financial hardship.When requested, postponements shall be granted, provided that:

(1)The prospective juror has not previously been granted a postponement;

(2)The prospective juror appears in person or contacts the board of jury commissioners by telephone, electronic mail, or in writing to request a postponement; and

(3)Prior to the grant of a postponement the court shall set the date on which the prospective juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.If a prospective juror is a full-time student of any accredited institution, the court shall set the date on which the prospective juror will appear for jury service that is not more than twelve months after the date on which the prospective juror originally was called to serve and on which the court will be in session.

2.A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted.Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.

(L. 2004 S.B. 1211, A.L. 2005 S.B. 420 & 344)

494.490 - Number of jurors — three-fourths or more jurors to return verdict in civil cases — how verdict is signed.

In all trials of civil actions before a circuit judge, or an associate circuit judge sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to sections 494.400 to 494.505, unless all parties agree on a lesser number, but not less than eight, in which case the number of veniremen shall be reduced accordingly.Three-fourths or more jurors may return a lawful verdict.All verdicts shall be signed by each juror who agrees to the verdict.