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16-32-109. Selection upon challenge by litigant.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-32-109. Selection upon challenge by litigant.
(a)(1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case.
(2)(A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a)-(d).
(B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.
(3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.
(b)(1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury.
(2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-32-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-32-109
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5ff4150640201e15376b4fc2fce1ee0d52654dd6d9edfc01ebe4faf500962e86
Source location: content.xml paragraph 15958
Stored source content
16-32-109. Selection upon challenge by litigant.
(a)(1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case.
(2)(A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a)-(d).
(B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.
(3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.
(b)(1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury.
(2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-32-103. Master list.
(a) During the month of November or December of each year, the prospective jurors for the following calendar year shall be selected from among the current list of registered voters of the applicable district or county in the following manner:
(1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list;
(2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and
(3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected.
(b) The number of persons to be selected shall be based upon the number of qualified registered voters in the appropriate district or county as reflected by the current list of registered voters provided by the county clerk under legal requirements and, unless a larger number is designated by the circuit judge, the minimum number selected shall be as follows:
Number of Registered Voters Minimum Number of Prospective Petit Jurors Minimum Number of Prospective Grand Jurors 90,000 or more 1,200 120 16,000 to 89,999 1,000 100 10,000 to 15,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-32-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-32-103. This identifies an authority to review, not proof of applicability.