22-3407. Motion to discharge jury panel.
22-3407
22-3407. Motion to discharge jury panel.(1) Any objection to the manner in which a jury panel has been selectedor drawn shall be raised by a motion to discharge the jury panel. Themotion shall be made at least five days prior to the date set for trial ifthe names and addresses of the panel members and the grounds for objectionthereto are known to the parties or can be learned by an inspection of therecords of the clerk of the district court at that time; in other cases themotion must be made prior to the time when the jury is sworn to try thecase. For good cause shown, the court may entertain the motion at any timethereafter.
(2) The motion shall be in writing and shall state facts which, if true,show that the jury panel was improperly selected or drawn.
(3) If the motion states facts which, if true, show that the jury panelhas been improperly selected or drawn, it shall be the duty of the court toconduct a hearing. The burden of proof shall be on the movant.
(4) If the court finds that the jury panel was improperly selected ordrawn, the court shall order the jury panel discharged and the selection ordrawing of a new panel in the manner provided by law.
History: L. 1970, ch. 129, § 22-3407; July 1.