Upon drawing a list of jurors for grand jury or petit jury service, the clerk shall issue a summons for each juror ordering his attendance at a time and place as fixed by the district judge or magistrate ordering the drawing. The summons may be served by first class mail or in a manner provided for the service of civil process. A willful failure to appear as ordered in the summons is a petty misdemeanor. Accompanying each summons, the clerk of the court shall submit for the information of the jurors the listing of those classes of persons or qualifications provided by law under which an exemption from jury service may be claimed. Jurors shall be provided a form upon which they may state the facts supporting their eligibility to claim exemption from jury service and to express a claim for exemption.
History: 1953 Comp., § 19-1-10, enacted by Laws 1969, ch. 222, § 10; 1991, ch. 71, § 3.
Cross references. — For exemptions from jury service, see 38-5-2 NMSA 1978.
For fee of sheriff for serving jury venire, see 4-41-18 NMSA 1978.
For punishment for petty misdemeanor, see 31-19-1 NMSA 1978.
For service of process generally, see Rule 1-004 NMRA.
The 1991 amendment, effective April 1, 1991, inserted "or magistrate" near the end of the first sentence; substituted "first class" for "registered or certified" in the second sentence; substituted "state the facts" for "make affidavit to the facts" in the final sentence; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 184 et seq.
50 C.J.S. Juries §§ 153, 154, 171 to 173.
Structure New Mexico Statutes
Article 5 - Drawing and Empaneling Jurors
Section 38-5-1 - Qualification of jurors.
Section 38-5-2 - Exemption from jury service; excusals; service of disqualified juror.
Section 38-5-3 - Source for juror selection.
Section 38-5-5 - Jury tampering; penalties.
Section 38-5-5.1 - Legislative declaration.
Section 38-5-6 to 38-5-9 - Repealed.
Section 38-5-10 - Summoning of jurors; claiming exemption.
Section 38-5-10.1 - Postponement of petit jury service.
Section 38-5-11 - Qualifying jury panels.
Section 38-5-12 - Petit jury panels; number to be qualified; period of service; time for summoning.
Section 38-5-13 - Drawing and qualifying trial jury.
Section 38-5-14 - Exercising challenges to jurors.
Section 38-5-15 - Mileage and compensation for jurors.
Section 38-5-16 - Challenge to jury array.
Section 38-5-17 - [Verdict by ten or more jurors; polling jury.]
Section 38-5-18 - Employer prohibited from penalizing employee for jury service.