19-1816. IMPANELING JURY FROM ANOTHER COUNTY. (a) As an alternative to entering the order of removal provided in the preceding sections of this chapter, the court may instead enter an order directing that jurors be impaneled from the county to which venue would otherwise have been transferred, if it finds:
1. That a fair and impartial jury cannot be impaneled in the county where the criminal complaint, information or indictment is filed;
2. That it would be more economical to transport the jury than to transfer the pending action; and
3. That justice will be served thereby.
(b) The jury shall be summoned and impaneled as if the trial were to take place in the county where the jury was summoned. Thereafter, the jury shall be transported for purpose of the trial to the county in which the complaint, information or indictment is filed.
(c) All court costs incurred under this section shall be paid by the county where the complaint, information or indictment is filed.
(d) The provisions of this section do not affect the power of the court to order a change of venue.
History:
[19-1816, added 1983, ch. 17, sec. 1, p. 51.]
Structure Idaho Code
Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL
Section 19-1801 - GROUND FOR REMOVAL.
Section 19-1802 - FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT.
Section 19-1803 - ORDER OF REMOVAL.
Section 19-1804 - TRANSFER OF CAUSE.
Section 19-1805 - REMOVAL OF DEFENDANT.
Section 19-1806 - PROCEEDINGS AFTER REMOVAL.
Section 19-1807 - CERTIFICATION OF COSTS.
Section 19-1808 - REMOVAL ON APPLICATION OF STATE.
Section 19-1809 - REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION.
Section 19-1810 - REMOVAL ON APPLICATION OF STATE — ORDER.
Section 19-1811 - REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE.
Section 19-1812 - REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT.
Section 19-1813 - REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER.
Section 19-1814 - REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS.
Section 19-1815 - REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION.