1. Right to a Jury Trial

2. Who May Serve

3. Selection of Jurors

4. Exemption of Service 

5. Obligation of Employers

6. Chapters 7-12

Right to a Jury Trial

The Constitution of the United States and the State of New Mexico guarantee the right of trial by jury. Juries consist of six or twelve members depending on the court and type of case.

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Who May Serve

Any person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened is eligible and may be summoned for service as a juror by the courts, unless the person is incapable of rendering jury service because of physical or mental illness or infirmity, or undue or extreme physical or financial hardship.

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Selection of Jurors

Jurors are selected from the merged databases of registered voters, driver’s licenses and personal income tax filers from each county and maintained by the General Services Department of the State of New Mexico.  Upon order of the court, jurors are selected at random and jury summons mailer forms are mailed to prospective jurors.

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Exemption of Service

The following persons may be exempted from jury service:

A person who has served as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months when the person requests to be exempted from service;

A person who is seventy-five years of age or older who files an affidavit requesting an exemption from jury service with a local court shall be permanently exempt from jury service;

A person may be excused from jury service at the discretion of the judge or the judge’s designee, with or without the person’s personal attendance upon the court, if: (1) jury service would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror’s care or supervision; (2) the person has an emergency that renders the person unable to perform jury service; or (3) the person presents other satisfactory evidence to the judge or the judge’s designee.

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Obligation of Employers

An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service.

An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury.  An employer is not required to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies.

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Chapters 7-12 ->