The district court of each county shall maintain a list of the names of the jurors duly empaneled and present for the trial of a case. The judge shall cause the names to be randomly selected until sufficient names have been drawn to provide the number of jurors required for the trial. The name and number of each juror shall be announced. Twelve or six jurors shall compose a petit jury in the district courts for the trial of civil causes. Twelve jurors shall compose a petit jury in criminal and children's court cases. Magistrate and metropolitan jury court selection shall be conducted in accordance with supreme court rules.
History: 1953 Comp., § 19-1-13, enacted by Laws 1969, ch. 222, § 13; 1991, ch. 71, § 5; 2005, ch. 107, § 9.
Cross references. — For number of jurors required to return verdict in civil cases, see 38-5-17 NMSA 1978 and Rules 1-038 and 1-048 NMRA.
For selection of jurors in criminal cases generally, see Rule 5-605 NMRA.
For requirement of unanimous verdict in criminal cases, see Rule 5-611 NMRA.
The 2005 amendment, effective July 1, 2005, eliminated all former requirements concerning the jury lot slip container and lot slips, and provided that names shall be randomly selected.
The 1991 amendment, effective April 1, 1991, added "Jury lot slip container" at the beginning of the catchline; added Subsection A; designated the formerly undesignated provision as Subsection B; and, in Subsection B, deleted "before each name is drawn" following "rotated" in the third sentence, inserted "or six" following "Twelve" and deleted "or criminal" following "civil" in the fifth sentence, added the last three sentences; and made minor stylistic changes throughout the subsection.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 C.J.S. Juries §§ 192 to 198.
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Section 38-5-6 to 38-5-9 - Repealed.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.