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Jury Handbook
Chapters 1-6
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Right to a
Jury Trial
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Who May
Serve
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Selection
of Jurors
-
Exemption
of Service
-
Obligation
of Employers
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Chapters 7-12
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.
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.
A person who was convicted of a felony and
who meets all other requirements for
eligibility may be summoned for jury service
if the person has successfully completed all
conditions of the sentence imposed for the
felony, including conditions for probation
or parole.
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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.
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.
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.
Chapters 7-12 ->
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