Jury Duty

21-102. Juries; size; degree of unanimity required; waiver

1. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.
2. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.
3. A jury for trial in any court of record of a civil case shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.
4. In a court not of record, a jury for trial of any case shall consist of six persons. The concurrence of all in a criminal case and all but one in a civil case shall be necessary to render a verdict.
5. The parties in a civil case, and the parties with the consent of the court in a criminal case, may waive trial by jury, or at any time before a verdict is returned consent to try the case with or receive a verdict concurred in by a lesser number of jurors than that specified above.

21-122. Expenses for food, lodging and other necessities; criminal and civil cases

While the jury is kept together, either during the progress of the trial or after retirement for deliberation, the court shall, at the expense of the county, provide the jury with suitable and sufficient food, lodging and other reasonable necessities, and the expense shall be a county charge in criminal cases. Such charges shall be assessed against the losing party in civil cases.

21-201. Qualifications

1. Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications:
2. Be a citizen of the United States.
3. Be a resident of the jurisdiction in which he is summoned to serve.
4. Never have been convicted of a felony, unless the juror's civil rights have been restored.
5. Is not currently adjudicated mentally incompetent or insane.

21-202. Persons entitled to be excused from jury service

The following persons shall, upon their timely application to the court, be excused from service as a juror:

1. Any person whose absence from his regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest.
2. Any person upon whom service as a juror would, in the judgment of the court, impose an undue hardship.

21-211. Disqualification

The following persons shall be disqualified to serve as jurors in any particular action:

1. Witnesses in the action.
2. Persons interested directly or indirectly in the matter under investigation.
3. Persons related by consanguinity or affinity within the fourth degree to either of the parties to the action or proceedings.
4. Persons biased or prejudiced in favor of or against either of the parties.

21-221. Fees and mileage

1. Each juror shall be paid by the county:
   1. For each day's attendance upon the superior court or justice court, twelve dollars.
   2. For each mile necessarily traveled from his residence to the court and back to his residence, an amount equal to the amount paid to state officers and employees pursuant to section 38-623, subsection A. Reimbursement shall be at the computed mileage rate regardless of whether the travel is accomplished by private, rented or chartered motor vehicle. When a juror necessarily returns to his residence and travels back to court during the period of service because of a recess ordered by the court, he shall be paid on the same basis for such travel.
2. Attendance on the court shall include the first day a juror is required to attend and shall continue each day of actual attendance on the court thereafter, until the juror is either temporarily or permanently excused from jury service. Any juror who is excused from further attendance upon the first day of this appearance in obedience to a summons shall receive a mileage allowance only.

21-236. Absence from employment for jury duty; vacation and seniority rights; violation; classification

1. An employer shall not refuse to permit an employee to take a leave of absence from employment for the purpose of serving as a juror. No employer may dismiss or in any way penalize any employee because he serves as a grand or trial juror, provided, however, that an employer shall not be required to compensate an employee when the employee is absent from his employment because of his jury service. Any absences from employment shall not affect vacation rights which employees otherwise have.
2. An employee shall not lose seniority or precedence while absent from his employment due to his serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle him.
3. A person who violates any provision of this section is guilty of a class 3 misdemeanor.

21-315. Excuse from service; investigation

1. Where a person's answers to a questionnaire indicate that he is unqualified for jury service or, in the opinion of the jury commissioner, state grounds sufficient to be excused from jury service, his name shall not be included on the qualified juror list and he shall be notified that he is excused from jury service.
2. The jury commissioner may investigate the accuracy of the answers to the questionnaire and may call upon law enforcement agencies for assistance in the investigation.

21-334. Failure of juror to attend; punishment

A juror who is summoned and who wilfully and without reasonable excuse fails to attend may be attached as for a direct contempt of court and may be compelled to attend, and a fine not exceeding one hundred dollars may be imposed by the court for nonattendance upon the court.