CHAPTER 884

JURORS

Table of Contents

Sec. 51-217. Qualification of jurors.

Sec. 51-217a. Jurors excused from service. Option to be considered for service.

Sec. 51-217b. Information for prospective jurors. Postponement of jury service or accommodations for breastfeeding women.

Secs. 51-218 and 51-219. Jury service for women. Exemption from jury service.

Sec. 51-219a. Duties and powers of Jury Administrator.

Sec. 51-219b. How to determine number of jurors to be summoned.

Sec. 51-219c. Adjustment in number of jurors.

Sec. 51-220. Number of jurors for each town.

Sec. 51-220a. Use of electronic processing in selection and summoning of jurors.

Secs. 51-221 and 51-222. Jury committees; selection of jurors. Towns failing to file lists of jurors.

Sec. 51-222a. Preparation of master or final list.

Sec. 51-223. State Jury Commission. Inquiry blanks. Jury lists.

Sec. 51-224. Incomplete list. Preparation of subsequent list.

Secs. 51-225 to 51-228. Compensation of members of State Jury Commission. Designation of clerks. Preparation of slips with jurors’ names and placement in jury boxes. Summoning of jurors for court in Tolland County from Manchester and in Middlesex County from Wallingford and Meriden. Jurors for the judicial district of Ansonia-Milford. List of jurors for court of common pleas for judicial district of Waterbury. List of jurors for Circuit Court; drawing of jurors. Transmission of lists of jurors for coroners inquests to town clerks.

Sec. 51-229. Additional jurors may be drawn at any time.

Sec. 51-230. Drawing of jurors in judicial districts.

Sec. 51-231. Drawing of jurors.

Sec. 51-231a. Clerk to furnish slips containing the names of jurors.

Sec. 51-232. Summoning of jurors. Juror questionnaire. Reduction of panel. Courthouse.

Sec. 51-232a. Modification of date, location or other condition of juror service.

Sec. 51-232b. Limitation re summons for jury duty.

Sec. 51-233. Verdict not affected by irregularities in summoning jurors.

Sec. 51-234. Accommodations for jury panel.

Secs. 51-235 and 51-236. Summoning of justice jurors. Return of jury warrant; fine.

Sec. 51-237. Jurors failing to appear.

Sec. 51-237a. Permission for juror to be absent.

Sec. 51-238. Judge may direct juror attendance.

Sec. 51-238a. Length of term of service as juror.

Sec. 51-239. Selection of panel.

Sec. 51-239a. (Formerly Sec. 51-164e). Transfer of trial to jury session.

Sec. 51-239b. (Formerly Sec. 51-164d). Waiver of jury in civil actions.

Sec. 51-240. Examination of jurors in civil actions.

Sec. 51-241. Peremptory challenges in civil actions.

Sec. 51-242. Transferred

Sec. 51-243. Alternate jurors in civil cases.

Sec. 51-243a. Orientation of jurors.

Sec. 51-244. Jurors attending Court of Common Pleas may try civil and criminal causes at same term.

Sec. 51-245. Duty of jurors. Prohibited conversations. Fines. Assistance of interpreter for deaf and hearing impaired jurors.

Sec. 51-245a. Rules re qualification of interpreters to assist jurors who are deaf or hearing impaired.

Sec. 51-246. Court may require jury to remain together in certain cases.

Sec. 51-247. Compensation of jurors. Guidelines re reimbursement of expenses.

Sec. 51-247a. Employer not to discharge employee or require additional hours work for jury service. Eight hours jury duty deemed a legal day’s work. Penalty. Action for recovery of wages and reinstatement. Liability of employer for failure to compensate juror-employee.

Sec. 51-247b. Prohibition on former juror serving as consultant.

Sec. 51-247c. Court may excuse compensation of juror. Waiver application. Juror service certificate. Filing of application.


Sec. 51-217. Qualification of jurors. (a) All jurors shall be electors, or citizens of the United States who are residents of this state having a permanent place of abode in this state and appear on the list compiled by the Jury Administrator under subsection (b) of section 51-222a, who have reached the age of eighteen. A person shall be disqualified to serve as a juror if such person: (1) Is found by a judge of the Superior Court to exhibit any quality which will impair the capacity of such person to serve as a juror, except that no person shall be disqualified on the basis of deafness or hearing impairment; (2) has been convicted of a felony within the past seven years or is a defendant in a pending felony case or is in the custody of the Commissioner of Correction; (3) is not able to speak and understand the English language; (4) is the Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General; (5) is a judge of the Probate Court, Superior Court, Appellate Court or Supreme Court, is a family support magistrate or is a federal court judge; (6) is a member of the General Assembly, provided such disqualification shall apply only while the General Assembly is in session; (7) is seventy years of age or older and chooses not to perform juror service; or (8) is incapable, by reason of a physical or mental disability, of rendering satisfactory juror service. Any person claiming a disqualification under subdivision (8) of this subsection must submit to the Jury Administrator a letter from a licensed health care provider stating the health care provider’s opinion that such disability prevents the person from rendering satisfactory juror service. In reaching such opinion, the health care provider shall apply the following guideline: A person shall be capable of rendering satisfactory juror service if such person is able to perform a sedentary job requiring close attention for six hours per day, with short work breaks in the morning and afternoon sessions, for at least three consecutive business days.

(b) The Jury Administrator may determine, in such manner and at such times as the Jury Administrator deems feasible, whether any person is qualified to serve as juror under this section and whether any person may be excused for extreme hardship.

(c) The Jury Administrator shall have the authority to establish and maintain a list of persons to be excluded from the summoning process, which shall consist of (1) persons who are disqualified from serving on jury duty on a permanent basis due to a disability for which a licensed physician has submitted a letter stating the physician’s opinion that such disability permanently prevents the person from rendering satisfactory jury service, (2) persons seventy years of age or older who have requested not to be summoned, (3) elected officials enumerated in subdivision (4) of subsection (a) of this section and judges enumerated in subdivision (5) of subsection (a) of this section during their term of office, and (4) persons excused from jury service pursuant to section 51-217a who have not requested to be summoned for jury service pursuant to said section. Persons requesting to be excluded pursuant to subdivisions (1) and (2) of this subsection must provide the Jury Administrator with their names, addresses, dates of birth and federal Social Security numbers for use in matching. The request to be excluded may be rescinded at any time with written notice to the Jury Administrator.

(1949 Rev., S. 7906; 1963, P.A. 629; P.A. 76-52, S. 3, 8; P.A. 82-11, S. 1, 12; June Sp. Sess. P.A. 83-5, S. 1, 18; P.A. 84-393, S. 1, 18, 20; P.A. 85-271, S. 1, 5; P.A. 86-278, S. 1, 12; 86-403, S. 101, 132; P.A. 87-22, S. 1, 2; P.A. 88-87; P.A. 94-169, S. 4, 20; P.A. 96-179, S. 1; P.A. 97-200, S. 3; P.A. 98-219, S. 18; P.A. 00-116, S. 1, 7; P.A. 01-195, S. 55, 181; P.A. 08-103, S. 2; P.A. 10-43, S. 15.)

History: 1963 act deleted requirement electors be not less than 25 years of age; P.A. 76-52 deleted requirement that jurors be “esteemed in their community as persons of good character, approved integrity, sound judgment and fair education” and required that jurors be at least 18 years old, effective September 1, 1977; P.A. 82-11 added licensed motor vehicle operators who are state residents and U.S. citizens as persons qualified to serve as jurors, applicable to summoning of jurors for jury duty on or after September 1, 1983; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, deleted provision re permanent disability impairing capacity to serve as juror and added provision re disqualification to serve as juror; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended section by providing that Subsec. (a) shall apply to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re qualifications and grounds for disqualification of jurors selected and summoned to serve on or after September 1, 1986; P.A. 85-271 added definition of “permanent disability” in Subsec. (a) and exception prohibiting disqualification on basis of deafness or hearing impairment in Subsec. (b), effective February 1, 1986; P.A. 86-278 amended Subsec. (b) by adding provision re determination of qualification and excuse for hardship by jury administrator, and added Subsec. (c) re qualifications of jurors selected and summoned to serve on or after September 1, 1987; P.A. 86-403 made technical change in Subsec. (b); P.A. 87-22 amended Subsecs. (a) and (c) by adding governor, lieutenant governor, secretary of the state, treasurer, comptroller and attorney general to list of persons disqualified to serve as jurors; P.A. 88-87 amended Subsec. (c)(1) by adding disqualification re service as juror for judge of the superior court, appellate court or supreme court or federal court judge; P.A. 94-169 eliminated obsolete provisions and made technical changes, effective July 1, 1994; (Revisor’s note: In 1997 a reference in Subsec. (a) to “Motor Vehicle Department” was replaced editorially by the Revisors with “Department of Motor Vehicles” for consistency with customary statutory usage); P.A. 96-179 amended Subsec. (a) by adding phrase “having a permanent place of abode in this state” and added provision re appearance on list compiled by Jury Administrator under Sec. 51-222a(b) after September 1, 1997; P.A. 97-200 amended Subsec. (a) by deleting reference to records of Department of Motor Vehicles re lists of persons holding motor vehicle operator’s licenses, by adding family support magistrates in Subdiv. (5) and by deleting provision re nature of the disability; P.A. 98-219 amended Subsec. (a)(5) by adding judge of the Probate Court; P.A. 00-116 made technical changes in Subsecs. (a) and (b) and added Subsec. (c) re authority of Jury Administrator to establish and maintain list of persons to be excluded from summoning process, effective September 1, 2000; P.A. 01-195 made technical changes in Subsec. (c), effective July 11, 2001; P.A. 08-103 inserted Subsec. (c)(4) re persons excused pursuant to Sec. 51-217a who have not requested to be summoned; P.A. 10-43 amended Subsec. (a) to replace “physician” with “health care provider”, replace “physician’s” with “health care provider’s” and make a technical change.

See Sec. 1-25 re forms of oaths for jurors.

See Sec. 51-245 re duties of jurors, generally.

Challenge for not being an elector. 13 C. 453. A challenge to the array must be for a cause that affects all the jurors alike. 67 C. 583; 109 C. 572. There can rarely be any ground for a challenge to the array; 48 C. 546; nature of such challenge. 67 C. 581. Jurors are not public officers within the meaning of the constitution and law. 48 C. 546. Prescribed age not indispensable to the validity of a verdict. 72 C. 112. Grounds for challenge at common law are still good. 103 C. 542. Statutory qualifications are in addition to those at common law. Id. Reading newspaper articles to jury in jury room not ground for challenge to array, since it is not concerned with any irregularity in selecting or summoning jurors composing panel. 109 C. 572. Proper remedy where papers or exhibits are improperly sent into jury room is motion to set aside verdict; and motion to set aside should be granted unless it clearly appears that they had no prejudicial effect; whether jury made use of such papers is immaterial, since deliberations cannot be inquired into. Id., 726. An array representation of the community is a fair cross section of the county. A challenge to the array is inadequate where it was not an attack on the selection process for the entire panel. 167 C. 539. Held constitutional on its face. Exclusion of felons consistent with standards of section. 169 C. 692. Legislatively prescribed juror qualifications do not unconstitutionally encroach upon the judicial power. 180 C. 382. General discussion of relevant procedure for jury selection in Connecticut. 254 C. 578.

Cited. 7 CA 95.

Cited. 38 CS 407.

Underrepresentation of a racial group on juries is not violative of any constitutional requirements. Constitution requires only a fair jury selected without regard to race. Connecticut’s system of selecting jurors does not, in and of itself, discriminate against Negroes. Statutes are designed to produce jurors who reasonably reflect a cross section of the community and are of necessary character and intelligence. 2 Conn. Cir. Ct. 203–205.

Subsec. (a):

Cited. 203 C. 570. Subdiv. (3): English proficiency requirement not violative of equal protection clause of either federal or state constitution. 260 C. 339.

Subsec. (c):

Subdiv. (1) cited. 216 C. 621. Subdiv. (2) cited. 220 C. 487.

Subdiv. (1) cited. 42 CS 534.

Sec. 51-217a. Jurors excused from service. Option to be considered for service. (a) A person shall be excused from jury service during the jury year commencing September 1, 1999, and each jury year thereafter, if during the next three preceding jury years such person appeared in a court for jury service and was not excused from such jury service, except that such person may request to be summoned for jury service during such three-jury-year period in the same manner as persons are summoned who are not excused from jury service. Such request may be made at any time with written notice to the Jury Administrator.

(b) The court shall have authority to excuse a juror from juror service, upon a finding of extreme hardship.

(P.A. 84-393, S. 2, 20; P.A. 86-278, S. 2, 12; P.A. 94-169, S. 5, 20; P.A. 98-81, S. 6; P.A. 08-103, S. 1.)

History: P.A. 86-278 added provisions re excuse from service during jury year commencing September 1, 1986, for service during preceding year and excuse from service during jury year commencing September 1, 1987, and each jury year thereafter, for service during next two preceding years; P.A. 94-169 eliminated obsolete provisions by deleting former Subsecs. (a) and (d) and relettered remaining Subsecs. accordingly, effective July 1, 1994; P.A. 98-81 amended Subsec. (a) changing “1987” to “1999” and changing “two” to “three” preceding jury years; P.A. 08-103 amended Subsec. (a) to delete requirement re request to be excused from jury service and add provision re excused person may request to be summoned for jury service.

Sec. 51-217b. Information for prospective jurors. Postponement of jury service or accommodations for breastfeeding women. (a) The Judicial Branch shall maintain on its Internet web site a section providing prospective jurors with general information regarding jury service, including, but not limited to, information for breastfeeding women regarding their ability to postpone jury service. Said web site shall also provide contact information for Jury Administration in the event that a breastfeeding woman or other prospective juror would like to request that a reasonable accommodation be made.

(b) The Jury Administrator shall provide training to his or her staff and court staff on discrete issues and policy for breastfeeding women who have been summoned for jury service, including, but not limited to, reasonable accommodations that may be made.

(P.A. 12-51, S. 1.)

Secs. 51-218 and 51-219. Jury service for women. Exemption from jury service. Sections 51-218 and 51-219 are repealed.

(1949 Rev., S. 7907, 7927; P.A. 73-47; P.A. 75-264, S. 1, 2; P.A. 76-52, S. 4, 8; P.A. 78-197; P.A. 79-386; P.A. 82-248, S. 121; June Sp. Sess. P.A. 83-5, S. 17, 18; P.A. 84-393, S. 18–20.)

Sec. 51-219a. Duties and powers of Jury Administrator. (a) The Jury Administrator, who is appointed in accordance with section 51-10 and subject to supervision by the Chief Court Administrator, shall be responsible for qualifying, summoning, selecting, managing and utilizing jurors in the Superior Court.

(b) The Jury Administrator, subject to the approval of the Chief Court Administrator, shall have the authority to study and to implement procedures for the improvement of jury administration, for the reduction of costs of selection and management of jurors, and for the more effective utilization of jurors.

(c) The Jury Administrator shall have the authority to cancel the service of any juror for good cause, including, but not limited to, the following: (1) The town in which the juror resides is reassigned to a different judicial district than that to which the juror was originally summoned, or (2) there is a reduction in the need for jurors. When jury service is canceled due to a reduction in the need for jurors, individuals shall be selected on a random basis for cancellation of jury service.

(d) The Jury Administrator shall have the authority to receive a list of deceased persons from the Department of Public Health and to delete the names of such persons from the lists compiled pursuant to section 51-222a. The Jury Administrator may exclude the names of additional deceased persons if supplied with a death certificate or other proof satisfactory to the Jury Administrator.

(P.A. 76-52, S. 1, 8; P.A. 82-248, S. 122; June Sp. Sess. P.A. 83-5, S. 3, 18; P.A. 84-393, S. 3, 18, 20; P.A. 86-278, S. 3, 12; P.A. 97-200, S. 4; P.A. 98-81, S. 12, 20; P.A. 00-116, S. 2, 7.)

History: P.A. 82-248 replaced “executive secretary of the judicial department” with “chief court administrator”, replaced “state-maintained courts” with “superior court” and inserted Subsec. indicators; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, deleted “qualifying” in Subsec. (a); P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended Subsec. (a) by providing that Subsec. (a) applies to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re duties and powers of jury administrator applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 86-278 eliminated repetitive language in Subsec. (b) re duties of jury administrator; P.A. 97-200 amended Subsec. (a) by deleting provision re design, implementation and maintenance of a computerized electronic data processing system; P.A. 98-81 added Subsec. (c) re authority of jury administrator to cancel service of juror for good cause, effective May 22, 1998; P.A. 00-116 added Subsec. (d) re authority of Jury Administrator to receive list of deceased persons from Department of Public Health and to delete names of deceased persons, effective September 1, 2000.

Sec. 51-219b. How to determine number of jurors to be summoned. (a) In determining the number of jurors to be summoned for jury duty at a court location, the following factors, as well as any other factors which may be relevant, shall be considered: The number of judges assigned to jury trials at the court location; the types of cases that will come to trial during the period of time for which the panel will be summoned; the experience of the court location in regard to the number of jurors who actually serve in relation to the number of jurors who are summoned for service; and the experience of the court location in regard to the number of jurors required in the juror pool in order to insure that judicial affairs will be reasonably conducted without delay.

(b) Clerks of court shall keep and furnish any records and data which the Jury Administrator requires in order to determine whether jurors are being effectively utilized.

(c) For the purpose of analyzing whether the number of prospective jurors required by section 51-220 is suitable, at such times as the Jury Administrator deems necessary, each chief clerk of the Superior Court shall notify the Jury Administrator in writing of (1) the estimated number of prospective jurors who will be needed to serve at such particular court location or locations during the year commencing the first of the next succeeding September, and (2) the towns from which the prospective jurors shall be drawn.

(P.A. 76-52, S. 2, 8; P.A. 77-452, S. 66, 72; P.A. 79-242, S. 1; P.A. 86-278, S. 4, 12.)

History: P.A. 77-452 removed clerks of common pleas court from requirements of Subsec. (c), reflecting transfer of common pleas court functions to superior court enacted by P.A. 76-436, effective July 1, 1978; P.A. 79-242 required notification of “chief” clerks of superior court of estimated numbers of jurors and towns from which jurors are to be drawn during October rather than during November in Subsec. (c); P.A. 86-278 amended Subsec. (c) by deleting “during the month of October of each year” and inserting “at such times as the jury administrator deems necessary” in lieu thereof.

Cited. 197 C. 629.

Sec. 51-219c. Adjustment in number of jurors. If it is determined that any estimate by the chief clerks under subsection (c) of section 51-219b, is in excess of or lacking in the number of jurors chosen under section 51-220 for those towns within a given judicial district, the Jury Administrator may adjust the number of jurors chosen for those towns within the judicial district in the following manner: (1) The total adjustment in number shall be determined by the Jury Administrator and (2) where possible, the total adjustment shall be apportioned among all towns within the judicial district and in proportion to each town’s population based on the last United States census.

(P.A. 79-242, S. 2; P.A. 82-307, S. 1, 8; P.A. 86-278, S. 5, 12.)

History: P.A. 82-307 replaced the provisions that authorized the jury administrator to “increase” the number of jurors with authority to “adjust” the number of jurors, applicable with respect to summoning jurors on or after September 1, 1983; P.A. 86-278 deleted former Subdivs. (3) and (4) re notification of town jury committees of adjustment in number of jurors and procedure if adjustment in number is unwarranted.

Subdiv. (2) cited. 197 C. 629. Cited. 237 C. 454.

Cited. 40 CA 762.

Sec. 51-220. Number of jurors for each town. The number of jurors to be chosen from each town shall be equal to a percentage of the town’s population rounded off to the nearest whole number, such percentage to be determined by the Jury Administrator. Such population figures shall derive from the last published census of the United States government.

(1949 Rev., S. 7928; 1949, S.A. 27; 1949, 1951, S. 1368b; 1953, S. 3176d; 1963, P.A. 505; 1967, P.A. 695, S. 1; P.A. 73-68; P.A. 82-248, S. 123; 82-307, S. 2, 8; June Sp. Sess. P.A. 83-5, S. 4, 18; P.A. 84-393, S. 4, 18, 20; P.A. 94-169, S. 6, 20.)

History: 1963 act increased lowest population bracket by 500 and increased number of jurors in each category; 1967 act increased number in each category and added exclusion of institutional patients from population count; P.A. 73-68 added category consisting of towns with population of less than 750; P.A. 82-248 inserted Subsec. indicators; P.A. 82-307 deleted provisions which set forth the number of jurors for each town as from 15 to 1,012 depending on the relative population of the town and added provisions which established the number of jurors for a town as 1.5% of the town’s population, applicable with respect to summoning of jurors on or after September 1, 1983; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, replaced provision re determination of number of jurors with provision that such number be equal to a percentage of the town’s population, such percentage to be determined by the jury administrator, and deleted Subsec. (b) re exclusion of patients of state institutions from population of town for purposes of section; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended Subsec. (a), making it applicable to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re number of jurors to be chosen from each town, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994.

This section does not discriminate against citizens on the basis of residence. No evidence jury selection process hereunder resulted in an underrepresentation of blacks. 167 C. 539. Cited. 171 C. 395. Cited. 197 C. 629. Cited. 218 C. 403. Cited. 219 C. 215; Id., 231.

Cited. 27 CA 675.

Cited. 34 CS 612.

System of selecting jurors by towns does not, in and of itself, discriminate against Negroes. 2 Conn. Cir. Ct. 204, 205.

Sec. 51-220a. Use of electronic processing in selection and summoning of jurors. Electronic data processing and similar equipment may be used in the selection, drawing and summoning of jurors under this chapter. At his election, the Jury Administrator may enter into a computerized data processing file the names of persons appearing on the list compiled under subsection (b) of section 51-222a, in order to perform any of the duties prescribed in this chapter.

(1967, P.A. 695, S. 2; P.A. 76-52, S. 5, 8; P.A. 76-436, S. 661, 681; P.A. 77-452, S. 17, 72; P.A. 78-280, S. 1, 127; P.A. 82-11, S. 2, 12; June Sp. Sess. P.A. 83-5, S. 5, 18; P.A. 84-393, S. 5, 18, 20; P.A. 94-169, S. 7, 20; P.A. 96-179, S. 2; P.A. 97-200, S. 5.)

History: P.A. 76-52 transferred powers of chief court administrator to jury administrator, authorized use of data processing equipment in summoning of jurors and selection and drawing of jurors by rotation and added detailed provisions re tasks for which computerized data processing file of names selected by jury committees may be used; P.A. 76-436 had no effect since it required substitution of chief administrative judge for chief court administrator (an amendment which was cancelled by P.A. 76-436, Sec. 10a) and P.A. 76-52 previously substituted jury administrator for chief court administrator; P.A. 77-452 confirmed substitution of jury administrator for chief court administrator; P.A. 78-280 replaced “county” with “judicial district”; P.A. 82-11 provided that the names of licensed motor vehicle operators may be entered into the data processing file, applicable to summoning of jurors for jury duty commencing on or after September 1, 1983; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, deleted provisions re approval and direction of use of data processing equipment by jury administrator and re preparation and return of inquiry blanks; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and made Subsec. (a) applicable to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re use of electronic data processing equipment in selection of jurors, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 96-179 added provision re list of names on list compiled under Sec. 51-222a(b) for juror selection process commencing September 1, 1997; (Revisor’s note: In 1997 a reference to “Motor Vehicle Department” was replaced editorially by the Revisors with “Department of Motor Vehicles” for consistency with customary statutory usage); P.A. 97-200 deleted reference to names of persons selected by jury committees and names of persons on lists from Department of Motor Vehicles, added reference to persons on list compiled under Sec. 51-222a(b), deleted Subdivs. (1) and (2) re specific tasks and substituted “any of the duties prescribed by this chapter”.

Cited. 232 C. 691. Cited. 237 C. 454.

Cited. 40 CA 762.

Secs. 51-221 and 51-222. Jury committees; selection of jurors. Towns failing to file lists of jurors. Sections 51-221 and 51-222 are repealed, effective October 1, 1997.

(1949 Rev., S. 7909, 7910; 1951, S. 3161d; February, 1965, P.A. 620, S. 1; P.A. 76-52, S. 6, 8; P.A. 76-436, S. 110, 681; P.A. 82-11, S. 4, 5, 12; 82-307, S. 6, 8; June Sp. Sess. P.A. 83-5, S. 7, 8, 18; P.A. 84-393, S. 6, 7, 18, 20; P.A. 85-613, S. 77, 154; P.A. 86-278, S. 6, 12; P.A. 94-169, S. 8, 9, 20; P.A. 97-200, S. 10.)

Sec. 51-222a. Preparation of master or final list. (a) Annually, upon the request of the Jury Administrator, the Commissioner of Motor Vehicles shall supply the Jury Administrator with the latest updated file of licensed motor vehicle operators for the state and with the latest updated file of holders of identity cards issued under section 1-1h. Upon the request of the Jury Administrator, the Commissioner of Revenue Services shall supply the Jury Administrator with the most recent updated list of residents of this state who have a permanent place of abode in this state and who filed a return on personal income under chapter 229 in the last tax year, and the Labor Commissioner shall supply the Jury Administrator with the most recent updated list of residents of this state who are recipients of unemployment compensation under chapter 567. In addition, upon the request of the Jury Administrator, the registrars of voters of each town shall supply a list of all electors from their town, except that in lieu of such list from the registrars of voters, the Jury Administrator may obtain the list of all electors from a central repository, or if such list is not available, may contract for the creation and purchase of such list. The registrars of voters shall provide lists of electors to the contractor at the request of the Jury Administrator. Annually, upon the request of the Jury Administrator, the Commissioner of Public Health shall supply the Jury Administrator with the most recent updated list of deceased persons. The lists supplied to the Jury Administrator under this subsection shall be in the format prescribed by the Jury Administrator and shall include, at a minimum, the name, address and, if available, date of birth of each person on such list or the reason for the unavailability. The lists supplied by the Commissioner of Motor Vehicles, the Commissioner of Revenue Services, the Commissioner of Public Health and the Labor Commissioner to the Jury Administrator under this subsection shall also include the Social Security number of each person on such list or the reason for the unavailability. The lists of electors supplied to the Jury Administrator by registrars of voters or the Secretary of the State under this subsection shall not include Social Security numbers of persons on such lists.

(b) The Jury Administrator shall compile a list of names of electors, residents of this state appearing on the most recent updated list of operators of motor vehicles licensed pursuant to chapter 246, residents who filed a return on personal income under chapter 229 in the last tax year and recipients of unemployment compensation under chapter 567.

(c) Annually the Jury Administrator shall combine the names from the lists compiled under subsection (b) of this section. The Jury Administrator shall delete, where possible, duplicate names in order to insure that names occurring on any list are given only a single chance to be selected and shall delete, where possible, the names of persons who may be excluded from the list compiled pursuant to subsection (c) of section 51-217 and the names appearing on the list of deceased persons supplied by the Commissioner of Public Health.

(d) The Jury Administrator shall select, at random from the list compiled as provided in subsection (c) of this section, the number of names required by section 51-220. These names for each town in the state and the names of persons whose jury service was continued from the previous jury year shall constitute such town’s final list of prospective jurors for service starting the next succeeding September. The final list for each town shall contain the name and street address of each prospective juror. In the event that a new master file is unavailable or defective, the Chief Court Administrator may authorize the Jury Administrator to continue to summon jurors from the list compiled pursuant to subsection (c) of this section during the previous year.

(e) If the Jury Administrator determines at any time that there is a need to supplement the number of names on the final list of jurors for each town within a judicial district, the Jury Administrator, so far as he or she is able, shall select in proportion to the population of each town, at random, from the names not selected pursuant to subsection (d) of this section such number of prospective jurors as the Jury Administrator determines is necessary.

(P.A. 82-11, S. 3, 12; P.A. 83-295, S. 26, 27; June Sp. Sess. P.A. 83-5, S. 6, 18; P.A. 84-393, S. 8, 18, 20; P.A. 86-278, S. 7, 12; P.A. 94-169, S. 10, 20; P.A. 96-179, S. 3; P.A. 97-200, S. 6; P.A. 98-81, S. 7; P.A. 99-268, S. 38, 46; P.A. 00-116, S. 3, 4, 7; 00-169, S. 22, 36; P.A. 01-195, S. 56, 181; P.A. 12-133, S. 15.)

History: P.A. 82-11, S. 3, effective October 1, 1982, and applicable to the summoning of jurors who are summoned for jury duty on and after September 1, 1982; P.A. 83-295 amended Subsec. (b) to require the jury administrator to use “twice” the percentage of a town’s voter list which is determined necessary to meet the town’s juror requirement, effective June 9, 1983, and applicable to selection and summoning of jurors for jury duty on or after September 1, 1983; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, amended Subsec. (c) by replacing “master list” with “final list” and providing that such list shall include names of persons whose jury service was continued from the previous year; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5, amended Subsec. (a), making provisions applicable to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re list of motor vehicle operators and preparation of master list by jury administrator, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 86-278 amended Subsec. (b) by adding provision re supplement to final list for each town within a judicial district of such number of prospective jurors as the jury administrator deems necessary; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 96-179 revised section to include lists of motor vehicle operators, residents who are subject to personal income tax, recipients of public assistance and unemployment compensation for juror selection process commencing September 1, 1997, and to provide that Jury Administrator shall notify judiciary committee not later than February 1, 1997, if any of specific lists cannot be incorporated in juror selection list; P.A. 97-200 amended Subsec. (a) by deleting provisions re list of licensed motor vehicle operators or registered motor vehicle owners, deleting requirement of list of residents who are recipients of public assistance and adding provisions re list of electors and requirement that all lists supplied to Jury Administrator be in format prescribed by Jury Administrator, made corresponding changes and rephrased Subsecs. (b) and (c), and in Subsecs. (d) and (e) deleted references to selection by rotation; P.A. 98-81 amended Subsec. (b) by deleting “subject to taxation on personal income under chapter 229” and adding “who filed a return on personal income under chapter 229 in the last tax year”; P.A. 99-268 amended Subsec. (a) by prohibiting electors lists supplied to the Jury Administrator from including federal Social Security numbers and made technical changes, effective June 29, 1999; P.A. 00-116 amended Subsec. (a) to provide that, upon request, the Commissioner of Public Health shall annually provide Jury Administrator with most recent updated list of deceased persons, amended Subsec. (c) to authorize Jury Administrator to delete names excluded from list pursuant to Sec. 51-217(c) and names of deceased persons, and amended Subsec. (d) to provide that in event new master file is unavailable or defective, the Chief Court Administrator may authorize Jury Administrator to summon jurors using list compiled during previous year, effective September 1, 2000 (Revisor’s note: P.A. 00-116, S. 4, effective September 1, 2002, made identical amendments); P.A. 00-169 revised effective date of P.A. 99-268 but without affecting this section; P.A. 01-195 made technical changes in Subsecs. (d) and (e), effective July 11, 2001; P.A. 12-133 amended Subsec. (a) to add provision re Commissioner of Motor Vehicles to supply Jury Administrator with latest updated file of holders of identity cards issued under Sec. 1-1h, and make technical changes.

Sec. 51-223. State Jury Commission. Inquiry blanks. Jury lists. Section 51-223 is repealed.

(1949 Rev., S. 7912; 1949, 1951, S. 3164d; 1959, P.A. 28, S. 206; February, 1965, P.A. 620, S. 2; 1967, P.A. 718, S. 1; P.A. 74-183, S. 53, 291; P.A. 76-52, S. 7, 8; P.A. 76-436, S. 103, 681; P.A. 82-11, S. 6, 12; June Sp. Sess. P.A. 83-5, S. 17, 18; P.A. 84-393, S. 18–20.)

Sec. 51-224. Incomplete list. Preparation of subsequent list. If a registrar of voters of a town, after a request from the Jury Administrator pursuant to section 51-222a, fails to provide the list to the Jury Administrator or to the Jury Administrator’s representative, the Jury Administrator shall notify the state’s attorney for the judicial district of the town from which such list has not been received and shall, at the same time, notify the registrar of voters of such town that such list has not been received. In addition, if the Jury Administrator has not received a list from a registrar of voters of a town, and determines there is a need for additional jurors, the Jury Administrator shall select from the list compiled under subsection (b) of section 51-222a, the names of as many persons as are necessary to make up the number of jurors provided for that town or city, who are in his judgment qualified and eligible to serve.

(1949 Rev., S. 7913; 1951, S. 3165d; P.A. 82-11, S. 7, 12; June Sp. Sess. P.A. 83-5, S. 9, 18; P.A. 84-393, S. 9, 18, 20; P.A. 86-278, S. 8, 12; P.A. 94-169, S. 11, 20; P.A. 96-179, S. 4; P.A. 97-200, S. 7.)

History: P.A. 82-11 replaced references to “jury commissioners” and “clerk of the superior court” with “state jury commission” and “jury administrator”, respectively, and deleted provisions concerning the procedure if a jury committee fails to submit a jury list; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, deleted provision re inability of jury commission to prepare list of qualified jurors and replaced state jury commission with jury administrator in provision re selection of jurors if jury committee fails to send list; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended Subsec. (a) by adding specific language re erasure from list by state jury commission of persons not qualified to serve as jurors and making provisions of Subsec. applicable to jurors selected and summoned to serve on or before August 31, 1986; and added Subsec. (b) re failure of jury committee to send in list and preparation of subsequent list by jury administrator, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 86-278 amended Subsec. (b) by adding “or if the jury administrator determines there is a need for additional jurors”; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 96-179 added reference to list compiled under Sec. 51-222a(b) for juror selection process commencing September 1, 1997; P.A. 97-200 rephrased section and added provision re notification of state’s attorney if town fails to provide list.

Secs. 51-225 to 51-228. Compensation of members of State Jury Commission. Designation of clerks. Preparation of slips with jurors’ names and placement in jury boxes. Summoning of jurors for court in Tolland County from Manchester and in Middlesex County from Wallingford and Meriden. Jurors for the judicial district of Ansonia-Milford. List of jurors for court of common pleas for judicial district of Waterbury. List of jurors for Circuit Court; drawing of jurors. Transmission of lists of jurors for coroners inquests to town clerks. Sections 51-225 to 51-228, inclusive, are repealed.

(1949 Rev., S. 3609, 7914, 7916, 7917; 1949, S. 3167d, 3172d; 1951, S. 1973d; 1955, S. 3167d; 1959, P.A. 28, S. 98, 208; 1963, P.A. 447, S. 1, 2; 1967, P.A. 256, S. 1, 2; 695, S. 3–5; 901, S. 10; 1971, P.A. 555, S. 2, 3; 1972, P.A. 165, S. 6, 7; June, 1972, P.A. 1, S. 19, 20; P.A. 74-183, S. 196, 280, 291; P.A. 75-26, S. 3, 8; 75-578, S. 17; P.A. 76-435, S. 6, 66, 82; 76-436, S. 469, 675, 681; P.A. 77-576, S. 13, 17, 65; P.A. 82-11, S. 8, 12; 82-248, S. 125; 82-298, S. 3; June Sp. Sess. P.A. 83-5, S. 17, 18; P.A. 84-393, S. 18–20.)

Sec. 51-229. Additional jurors may be drawn at any time. The Superior Court may, at any time, at its discretion, order the drawing of a sufficient number of additional jurors to prevent the necessity of summoning talesmen.

(1949 Rev., S. 7918; 1959, P.A. 28, S. 207; P.A. 74-183, S. 54, 291; P.A. 76-436, S. 104, 681.)

History: 1959 act included circuit court; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of its functions to superior court, effective July 1, 1978.

Proper method of drawing jurors as talesmen. 100 C. 730. Cited. 197 C. 629.

Sec. 51-230. Drawing of jurors in judicial districts. Section 51-230 is repealed.

(1949 Rev., S. 7915; 1949, 1953, 1955, S. 3168d; 1957, P.A. 327, S. 1; 1961, P.A. 346, S. 1; 1967, P.A. 785, S. 1; 1972, P.A. 165, S. 8; June, 1972, P.A. 1, S. 20; P.A. 74-183, S. 84a, 291.)

Sec. 51-231. Drawing of jurors. Section 51-231 is repealed, effective October 1, 1997.

(1955, S. 3169d; 1957, P.A. 327, S. 2; 1961, P.A. 346, S. 2; 1967, P.A. 785, S. 2; P.A. 74-183, S. 84, 291; P.A. 75-530, S. 10, 35; P.A. 76-436, S. 128, 681; P.A. 77-452, S. 18, 72; 77-576, S. 14, 65; P.A. 82-307, S. 3, 8; P.A. 97-200, S. 10.)

Sec. 51-231a. Clerk to furnish slips containing the names of jurors. Section 51-231a is repealed.

(P.A. 75-26, S. 4, 8; P.A. 77-576, S. 17, 65.)

Sec. 51-232. Summoning of jurors. Juror questionnaire. Reduction of panel. Courthouse. (a) The Jury Administrator shall send to each juror drawn, by first class mail, a notice stating the place where and the time when he is to appear and such notice shall constitute a sufficient summons unless a judge of said court directs that jurors be summoned in some other manner.

(b) Such summons or notice shall also state the fact that a juror has a right to one postponement of the juror’s term of juror service for not more than ten months and may contain any other information and instructions deemed appropriate by the Jury Administrator. If the date to which the juror has postponed jury service is improper, unavailable or inconvenient for the court, the Jury Administrator shall assign a date of service which, if possible, is reasonably close to the postponement date selected by the juror. Such notice or summons shall be made available to any party or the attorney for such party in an action to be tried to a jury. The Jury Administrator may grant additional postponements within or beyond said ten months but not beyond one year from the original summons date.

(c) The Jury Administrator shall send to a prospective juror a juror confirmation form and a confidential juror questionnaire. Such questionnaire shall include questions eliciting the juror’s name, age, race and ethnicity, occupation, education and information usually raised in voir dire examination. The questionnaire shall inform the prospective juror that information concerning race and ethnicity is required solely to enforce nondiscrimination in jury selection, that the furnishing of such information is not a prerequisite to being qualified for jury service and that such information need not be furnished if the prospective juror finds it objectionable to do so. Such juror confirmation form and confidential juror questionnaire shall be signed by the prospective juror under penalty of false statement. Copies of the completed questionnaires shall be provided to the judge and counsel for use during voir dire or in preparation therefor. Counsel shall be required to return such copies to the clerk of the court upon completion of the voir dire. Except for disclosure made during voir dire or unless the court orders otherwise, information inserted by jurors shall be held in confidence by the court, the parties, counsel and their authorized agents. Such completed questionnaires shall not constitute a public record.

(d) The number of jurors in a panel may be reduced when, in the opinion of the court, such number of jurors is in excess of reasonable requirements. Such reduction by the clerk shall be accomplished by lot to the extent authorized by the court and the jurors released shall be subject to recall for jury duty only if and when required.

(e) In each judicial district, the Chief Court Administrator shall designate one or more courthouses to be the courthouse to which jurors shall originally be summoned. The court may assign any jurors of a jury pool to attend any courtroom within the judicial district.

(1949 Rev., S. 7915; 1955, S. 3170d; 1959, P.A. 28, S. 209; 1967, P.A. 695, S. 6; 1971, P.A. 870, S. 8; P.A. 74-183, S. 279, 291; P.A. 76-436, S. 241, 681; P.A. 77-576, S. 15, 65; P.A. 78-280, S. 89, 127; P.A. 82-11, S. 9, 12; June Sp. Sess. P.A. 83-5, S. 10, 18; P.A. 84-393, S. 10, 18, 20; P.A. 86-278, S. 9, 12; P.A. 94-169, S. 12, 20; P.A. 96-179, S. 5, 9; P.A. 97-200, S. 9; P.A. 00-116, S. 5, 7.)

History: 1959 act added reference to section 51-227a; 1967 act rephrased section; 1971 act added provisions re reduction of number of jurors in a panel, effective September 1, 1971; P.A. 74-183 deleted reference to drawing of jurors under provisions of Sec. 51-227a or 51-230, effective December 31, 1974; P.A. 76-436 substituted “court” for “courts” reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-576 added Subsec. (b), effective July 1, 1978; P.A. 78-280 made minor changes in wording of Subsec. (a); P.A. 82-11 amended Subsec. (a) by deleting provisions concerning notice of the time and place of the drawing of a jury and adding a provision that the notice and summons to a juror is available to a party or his attorney; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, added provision in Subsec. (a) re information to be included on summons or notice, added provision in Subsec. (b) re juror confirmation form and confidential juror questionnaire, and relettered remaining subsections; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended Subsec. (a), making provisions applicable to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re summoning of jurors, juror confirmation form, confidential juror questionnaire, reduction in panel and courthouse to which jurors are summoned, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 86-278 amended Subsec. (a) by making provisions apply in any judicial district to which the provisions of Sec. 51-238a(a) are not applicable, to jurors selected and summoned to serve on or after September 1, 1986; amended Subsec. (b) by adding provision re assignment of date of service by jury administrator if postponement date is improper, unavailable or inconvenient and making provisions apply in any judicial district to which the provisions of Sec. 51-238a(a) are applicable; and added Subsec. (c) re procedures for summoning jurors on or after September 1, 1987, in any judicial district to which the provisions of Sec. 51-238a(a) are applicable; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 96-179 amended Subsec. (c) by adding provision requiring questionnaire to include questions eliciting juror’s name, age, race and ethnicity, occupation and education and to inform juror that such information is required solely to enforce nondiscrimination in jury selection and not prerequisite to qualification for jury service and information need not be furnished if juror finds it objectionable, effective September 1, 1996; P.A. 97-200 amended Subsec. (a) by deleting references to clerk of the court and Sec. 51-231 and amended Subsec. (e) to add provision authorizing court to assign any jurors of a jury pool to attend any courtroom within the judicial district; P.A. 00-116 amended Subsec. (b) by making technical changes, changing “one year “ to “ten months” for postponement of jury service and authorizing Jury Administrator to grant additional postponements within or beyond 10-month period but not beyond one year from original summons date, effective September 1, 2000.

Sec. 51-232a. Modification of date, location or other condition of juror service. The Jury Administrator may modify the date, location or other condition of juror service in order to meet the urgent needs of the court. The Jury Administrator shall employ any means of notice that is appropriate under the circumstances.

(P.A. 84-393, S. 11, 20; 84-546, S. 112, 173; P.A. 94-169, S. 13, 20.)

History: (Revisor’s note: P.A. 84-546 made technical change in repealed section 11 of June Sp. Sess. P.A. 83-5 which the Revisors applied to identically worded provision of the successor act, P.A. 84-393); P.A. 94-169 deleted Subsec. (b) which limited applicability of section to jurors selected and summoned to serve on or after September 1, 1986, effective July 1, 1994.

Sec. 51-232b. Limitation re summons for jury duty. Notwithstanding the provisions of sections 51-217a and 51-238a, when the number of jurors available for service for the jury year has been exhausted a juror may be impaneled in a new case not sooner than three months after he has been in attendance as a juror.

(P.A. 84-393, S. 15, 20; P.A. 86-278, S. 10, 12; P.A. 94-169, S. 14, 20.)

History: P.A. 86-278 amended Subsec. (a) by providing that, notwithstanding Secs. 51-217a and 51-238a, a juror may be impaneled not sooner than three months after attendance as juror, when number of available jurors has been exhausted; P.A. 94-169 deleted Subsec. (b) which limited applicability of section to jurors selected and summoned to serve on or after September 1, 1986, effective July 1, 1994.

Sec. 51-233. Verdict not affected by irregularities in summoning jurors. No verdict may be set aside on account of any irregularity in summoning the jury.

(1949 Rev., S. 7919; P.A. 82-248, S. 126.)

History: P.A. 82-248 rephrased section, substituting “may” for “shall”.

Cited. 72 C. 115. This statute does not apply to overruling of proper challenge. 80 C. 614. Failure to summon first panel before additional jurors are drawn and summoned held cured by this section. 106 C. 702; Id., 718. Irregularities in drawing or summoning jury not ground for new trial unless actually prejudicial to accused. 103 C. 472; 105 C. 338; 106 C. 718. Any departure from established rule is a defect, but if not taken advantage of at the time of occurrence, or not discovered at the time, it is a defect healed by verdict, unless it is made fatal by plain provisions of law or is of such a nature that it may have unjustly affected the results. 146 C. 59.

Sec. 51-234. Accommodations for jury panel. The Office of the Chief Court Administrator shall provide a suitable assembly room in the courthouse for the common jury panel.

(1955, S. 3171d; 1961, P.A. 517, S. 35; P.A. 77-614, S. 73, 610; P.A. 84-436, S. 9, 12; P.A. 97-200, S. 8.)

History: 1961 act substituted public works commissioner for county commissioners in Hartford, Fairfield and New Haven counties, county government having been abolished; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-436 replaced commissioner of administrative services with office of the chief court administrator, effective July 1, 1985; P.A. 97-200 deleted reference to Sec. 51-231.

Secs. 51-235 and 51-236. Summoning of justice jurors. Return of jury warrant; fine. Sections 51-235 and 51-236 are repealed.

(1949 Rev., S. 7923, 7924, 7929; 1959, P.A. 28, S. 204; P.A. 82-11, S. 11, 12.)

Sec. 51-237. Jurors failing to appear. Each juror, duly chosen, drawn and summoned, who fails to appear shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court, but the court may excuse such juror from the payment thereof. If a sufficient number of the jurors summoned do not appear, or if for any cause there is not a sufficient number of jurors to make up the panel, the court may order such number of persons who qualify for jury service under section 51-217 to be summoned as may be necessary, as talesmen, and any talesman so summoned who makes default of appearance without sufficient cause shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court. The provisions of this section shall be enforced by the Attorney General within available appropriations.

(1949 Rev., S. 7925; 1959, P.A. 28, S. 99; June Sp. Sess. P.A. 83-5, S. 12, 18; P.A. 84-393, S. 12, 18, 20; P.A. 94-169, S. 15, 20; P.A. 96-179, S. 7; P.A. 10-180, S. 3.)

History: 1959 act deleted reference to justice as empowered to excuse juror or order summoning of talesmen; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, increased fine for failure to appear from $5 to $90 and replaced “judicious electors” with “persons who qualify for jury service under section 51-217”; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended Subsec. (a), making provisions applicable to jurors selected and summoned to serve as jurors on or before August 31, 1986, and added Subsec. (b) re fine of juror or talesman failing to appear, increasing fine to $90 and making provisions of Subsec. (b) applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 96-179 changed penalty for failure to appear as juror from $90 to an infraction; P.A. 10-180 provided that juror or talesman who fails to appear shall be subject to civil penalty in amount to be established by judges of the Superior Court, deleted provisions re commission of infraction, required Attorney General, within available appropriations, to enforce provisions of section and made a technical change.

Sheriff may of his own motion procure the attendance of persons from whom talesmen can be selected, if required. 47 C. 135. Proper method of drawing jurors as talesmen. 100 C. 730. A court may always, when there is “any cause” therefor, resort to the summoning of talesmen to fill out a jury, even though there are people left on the year’s list who have not been called. 138 C. 196. Provisions of section 51-231 concerning procedure for summoning not applicable. 146 C. 59.

Sec. 51-237a. Permission for juror to be absent. Any juror summoned to appear may, in the discretion of the judge of the court to which he is summoned, be permitted to absent himself from the court until a jury on which he may be serving is being impaneled if the judge is satisfied that the juror will return pursuant to the direction of the court. The juror shall not be compensated as provided in section 51-247 for any day in which he is not directed to return.

(1969, P.A. 240; P.A. 82-248, S. 127.)

History: P.A. 82-248 rephrased provisions but made no substantive change.

Sec. 51-238. Judge may direct juror attendance. Jurors attending court held by any judge may be directed by the judge to attend court held by any other judge in the same judicial district.

(1949 Rev., S. 7921; 1949, March, 1950, 1955, S. 3173d; 1963, P.A. 206; P.A. 73-64; P.A. 76-436, S. 383, 681; P.A. 77-576, S. 16, 65; P.A. 78-280, S. 90, 127; P.A. 82-248, S. 128; June Sp. Sess. P.A. 83-5, S. 17, 18; P.A. 84-393, S. 13, 18, 20; P.A. 94-169, S. 16, 20.)

History: 1963 act decreased maximum court attendance from eight to four weeks, adding provision for presiding judge determining lesser periods; P.A. 73-64 added exception to provision prohibiting impaneling of juror in new case after he has attended court for four weeks or lesser periods as determined by presiding judge; P.A. 76-436 added reference to judicial districts and revised section to reflect transfer of common pleas court functions to superior court by deleting references to the court of common pleas, effective July 1, 1978; P.A. 77-576 deleted reference to counties; P.A. 78-280 revised provision re impaneling of jurors in new cases to replace reference to court “session” with “three-month period”, reflecting fact that court now sits continuously; P.A. 82-248 rephrased section but made no substantive changes; June Sp. Sess. P.A. 83-5 repealed section effective July 1, 1985; P.A. 84-393 repealed June Sp. Sess. P.A. 83-5, thereby reviving section, and made provisions of Subsec. (a) applicable to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re attendance in court applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994.

Retaining jury beyond term in New Haven court of common pleas. 67 C. 581. Cited. 237 C. 454.

Cited. 40 CA 762.

Sec. 51-238a. Length of term of service as juror. The length of the term of service for jurors shall be one day except that (1) if a juror is impaneled on a jury trial which lasts more than one day, then the term of service shall be the length of that trial, or (2) if a juror is administered the voir dire oath and examination of such juror is not completed during that day, then the term of service shall be through the completion of the examination, if the juror is not selected, or the length of the jury trial, if the juror is selected, or (3) if the court otherwise orders, then the term of service shall be such number of days as the court may order.

(P.A. 84-393, S. 14, 20; P.A. 85-140, S. 7; P.A. 86-278, S. 11, 12; P.A. 94-169, S. 17, 20.)

History: P.A. 85-140 amended Subsec. (a) by inserting a new Subdiv. (2) re the term of service for a juror administered the voir dire oath whose examination has not been completed during that day, and redesignated former Subdiv. (2) as Subdiv. (3); P.A. 86-278 amended Subsec. (a) by adding “in any judicial district so designated by the chief court administrator” and inserted new Subsec. (b) providing that except as provided in Subsec. (a), the length of term of service as a juror shall be such period as presiding judge directs, provided juror shall not be impaneled in new case during three-month period after jury service, relettering former Subsec. (b) as (c); P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994.

Cited. 220 C. 487. Cited. 237 C. 238.

Sec. 51-239. Selection of panel. The clerk of the court, in impaneling the jury for the trial of each cause, shall, when more jurors are in attendance than are required for the panel, designate by lot those who shall compose the panel.

(1949 Rev., S. 7922; 1953, S. 3174d.)

Cited. 132 C. 87.

Cited. 41 CS 48.

Sec. 51-239a. (Formerly Sec. 51-164e). Transfer of trial to jury session. Section 51-239a is repealed.

(1959, P.A. 28, S. 33; 1971, P.A. 738; 870, S. 3; 1972, P.A. 281, S. 26; P.A. 74-183, S. 68, 291; P.A. 76-436, S. 82, 681; P.A. 78-379, S. 26, 27.)

Sec. 51-239b. (Formerly Sec. 51-164d). Waiver of jury in civil actions. In civil actions a jury shall be deemed waived unless requested by either party in accordance with the provisions of section 52-215.

(1959, P.A. 28, S. 32; 1963, P.A. 418; 1971, P.A. 40, S. 4; 652, S. 1; P.A. 74-183, S. 67, 291; P.A. 75-577, S. 3, 126; P.A. 76-436, S. 81, 681; P.A. 80-313, S. 54.)

History: 1963 act specified that there is no right to jury trial in summary process case where no money damages are claimed; 1971 acts revised provision re trial by six-person jury in circuit court to specify applicability to “criminal” trials and to delete clause which allowed a party to the action to claim a full jury of twelve; P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, and removed from prohibition against right to jury trial civil actions where amount, legal interest or property in demand does not exceed $250 and summary process cases where no money damages are claimed, effective December 31, 1974; P.A. 75-577 revised prohibition re right to trial by jury to change maximum penalty from fine of $50 to fine of $99; Sec. 51-266 transferred to Sec. 51-164d in 1975; P.A. 76-436 amended provision re trial by jury of six to delete reference to trial by court of common pleas, all trial jurisdiction having been transferred to superior court and to add exception, effective July 1, 1978; Sec. 51-164d transferred to Sec. 51-239b in the 1977 Court Reorganization Supplement; P.A. 80-313 deleted detailed provisions governing right to trial by jury where fine would exceed $99 or imprisonment would exceed 30 days or where party to criminal action demands trial by jury of issues so triable by right and provisions re judge’s duty to notify defendant of right to jury, re waiver of right and re six-person juries.

See Sec. 54-82 re accused’s election of trial by court or jury.

See Sec. 54-82b re right to trial by jury.

Annotations to former sections 51-164d and 51-266:

Under former statute accused was not entitled to a jury trial before justice of the peace. 12 C. 454. Sec. 51-266 cited. 222 C. 591.

Accused in any criminal case, proceeding or prosecution may elect, when called upon to plead, to be tried by court instead of by jury. 33 CS 739.

Language of statute unequivocal, criteria based on 1808 statute essentially unchanged and constitutional rights not violated. 4 Conn. Cir. Ct. 494. Jury trial not mandatory when accused presented on information for violation of section 53-300. Id. Cited. 6 Conn. Cir. Ct. 452; 527. Statute is constitutional denial of trial by jury. Id., 558.

Annotations to present section:

Cited. 40 CA 261.

Cited. 36 CS 551; Id., 578. Cited. 37 CS 693.

Sec. 51-240. Examination of jurors in civil actions. (a) In any civil action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto.

(b) If the judge before whom the examination is held is of the opinion from the examination that any juror would be unable to render a fair and impartial verdict, the juror shall be excused by the judge from any further service upon the panel, or in the action, as the judge determines.

(c) The right of examination shall not be abridged by requiring questions to be put to any juror in writing and submitted in advance of the commencement of the action.

(1949 Rev., S. 7908; 1967, P.A. 847; P.A. 77-255; P.A. 80-313, S. 55; P.A. 82-248, S. 129.)

History: 1967 act replaced “may examine” with “shall have the right to examine personally or by his counsel” and added provision prohibiting abridgment of examination right by requiring that questions be put to juror in writing and submitted in advance of commencement of action; P.A. 77-255 required that examination be made “outside the presence of other prospective jurors”; P.A. 80-313 removed criminal actions from purview of section and made minor changes in wording, i.e. substituting “the” for “such”, etc.; P.A. 82-248 inserted Subsec. indicators and made minor technical changes to Subsec. (c).

See Sec. 54-82f re voir dire examination.

Refusal of trial court to permit examination need not be excepted to. 89 C. 47. In a criminal case such an examination rests in the discretion of the court. 69 C. 186; 80 C. 614. Court may exclude trivial questions. 72 C. 722. Impressions derived from newspapers; finality of judge’s decision. 71 C. 294; 74 C. 638; 109 C. 572. Association of juror with counsel. 72 C. 435. Statute as to errors in summoning jury not applicable to overruling of proper challenge. 80 C. 614. See notes to Sec. 51-217. Interest in insurance company which is real defendant. 82 C. 272. Extent of examination of prospective jurors is within discretion of trial court, reversible only if abused; statute does not authorize inquiry as to effect of an assumed state of facts upon juror’s attitude or decision. 126 C. 578. Court has power, after a juror has been accepted, up to the time the juror is sworn, to permit a peremptory challenge where ends of justice so require. 134 C. 530. Asking jurors what they would expect by way of care from a young boy, within discretion of court. 137 C. 51. Trial court has discretion to determine proper bounds of inquiry on voir dire. Inquiries concerning assumptions concerning evidence or instructions in charge are discouraged. 141 C. 360. Whether a venireman harbors any prejudice against Negroes as a race had direct bearing on his qualifications to sit as juror where defendant was a Negro. 143 C. 138. Court may properly exclude question put to veniremen which is vague and ambiguous. 148 C. 266. Cited. Id., 596. Trial court is vested with wide discretion in conducting examination of jurors. 158 C. 389. Trial court has discretion to determine proper bounds of inquiry on voir dire. Inquiries concerning assumptions regarding evidence or instructions in charge are discouraged. 160 C. 171. Ruling of trial judge in voir dire examination is reversible error only when judge has clearly abused his discretion or harmful prejudice has resulted. 172 C. 172. Time limitation imposed for voir dire was arbitrary and constituted reversible error. 173 C. 102. Cited. Id., 317. Cited. 188 C. 432. Cited. 202 C. 158. Cited. 203 C. 570. Cited. 218 C. 386.

Court did not improperly compel plaintiff to attend jury selection. 108 CA 156.

Cited. 33 CS 599.

Defendant in bastardy proceeding has absolute right to voir dire and did not waive it by proceeding to trial after his objection was overruled. 4 Conn. Cir. Ct. 639.

Subsec. (b):

Cited. 2 CA 58.

Sec. 51-241. Peremptory challenges in civil actions. On the trial of any civil action to a jury, each party may challenge peremptorily three jurors. Where the court determines a unity of interest exists, several plaintiffs or several defendants may be considered as a single party for the purpose of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. For the purposes of this section, a “unity of interest” means that the interests of the several plaintiffs or of the several defendants are substantially similar. A unity of interest shall be found to exist among parties who are represented by the same attorney or law firm. In addition, there shall be a presumption that a unity of interest exists among parties where no cross claims or apportionment complaints have been filed against one another. In all civil actions, the total number of peremptory challenges allowed to the plaintiff or plaintiffs shall not exceed twice the number of peremptory challenges allowed to the defendant or defendants, and the total number of peremptory challenges allowed to the defendant or defendants shall not exceed twice the number of peremptory challenges allowed to the plaintiff or plaintiffs.

(1949 Rev., S. 7926; 1953, S. 3175d; 1959, P.A. 28, S. 100; 1971, P.A. 40, S. 2; P.A. 93-176, S. 1; P.A. 01-152, S. 1.)

History: 1959 act deleted reference to action before justice of the peace; 1971 act allowed three challenges without exception where previously three challenges were allowed in trials with six-person juries and four challenges in trials with twelve-person juries, effective April 12, 1971, and applicable to all civil actions claimed for jury trial on and after that date; P.A. 93-176 added provision re peremptory challenges when the court determines a unity of interest exists and defined “unity of interest”; P.A. 01-152 added provisions that a unity of interest shall be found to exist among parties represented by the same attorney or law firm, that there shall be a presumption that a unity of interest exists among parties where no cross complaints or apportionment complaints have been filed and that the total number of peremptory challenges allowed to one side shall not exceed twice the number allowed to the other side.

This includes actions of forcible entry and detainer and summary process. 20 C. 510 et seq. And applications to reassess damages. 28 C. 566. Where there are several plaintiffs or defendants, each is entitled to four peremptory challenges. 128 C. 67. Not erroneous for clerk to refuse party’s list containing more than four names of jurors as challenged. 132 C. 87. Employer who paid workmen’s compensation, intervening in action by employee against third person, is entitled to four challenges. 133 C. 446. Cited. 134 C. 101. After a juror is accepted, a party has no right to a peremptory challenge. Id., 530. If each party has an independent cause of action the fact that the causes are combined in one complaint does not destroy the separate identities of the parties and each is entitled to the full number of challenges. 147 C. 333. Party has no right to peremptory challenge after accepting juror on conclusion of examination. 148 C. 596. Cited. 186 C. 632. Trial court has discretion to determine whether any unity of interest will trigger a limit on the number of peremptory challenges to be granted. 250 C. 443. Single party has no legal entitlement to multiple sets of challenges when distinct causes of action have been consolidated. The granting of more challenges than provided by law is subject to review for abuse of discretion. In conducting appellate review, court must consider whether granting the challenges harmed either party or was inconsistent with an efficient and orderly judicial process. 266 C. 244.

Cited. 42 CA 542. P.A. 93-176 cited. Id. No unity of interest where a jury might determine each party was negligent in separate and distinct manner and their interests were therefore antagonistic. 50 CA 539. Trial court improperly limited number of peremptory challenges on the ground that defendants had a unity of interest. 55 CA 460. Is within court’s discretion whether to give each party bound by a unity of interest with another party individual peremptory challenges. 65 CA 738. Section does not allow court to grant additional peremptory challenges to only one side in a civil case. 84 CA 656.

Cited. 41 CS 48.

Sec. 51-242. Transferred to Chapter 961, Sec. 54-82g.

Sec. 51-243. Alternate jurors in civil cases. (a) In any civil action to be tried to the jury in the Superior Court, if it appears to the court that the trial is likely to be protracted, the court may, in its discretion, direct that, after a jury has been selected, two or more additional jurors shall be added to the jury panel, to be known as “alternate jurors”. Alternate jurors shall have the same qualifications and be selected and subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel. In any case when the court directs the selection of alternate jurors, each party may peremptorily challenge four jurors. Where the court determines a unity of interest exists, several plaintiffs or several defendants may be considered as a single party for the purpose of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. For the purposes of this subsection, a “unity of interest” means that the interests of the several plaintiffs or of the several defendants are substantially similar. A unity of interest shall be found to exist among parties who are represented by the same attorney or law firm. In addition, there shall be a presumption that a unity of interest exists among parties where no cross claims or apportionment complaints have been filed against one another. In all civil actions, the total number of peremptory challenges allowed to the plaintiff or plaintiffs shall not exceed twice the number of peremptory challenges allowed to the defendant or defendants, and the total number of peremptory challenges allowed to the defendant or defendants shall not exceed twice the number of peremptory challenges allowed to the plaintiff or plaintiffs.

(b) Alternate jurors shall be sworn separately from those constituting the regular panel, and the oaths to be administered shall be as provided in section 1-25.

(c) Alternate jurors shall attend at all times upon trial of the action. They shall be seated when the case is on trial with or near the jurors constituting the regular panel, with equal opportunity to see and hear all matters adduced in the trial.

(d) If, at any time, any juror shall, for any reason, become unable to further perform his or her duty, the court may excuse such juror. If any juror is so excused or dies, the court may order that an alternate juror who is designated by lot to be drawn by the clerk, shall become a part of the regular panel and the trial shall then proceed as though the alternate juror had been a member of the regular panel from the time when the trial was begun. If a juror becomes a member of the regular panel after deliberations have begun, the jury shall be instructed by the court that deliberations by the jury shall begin anew.

(e) A juror selected to serve as an alternate shall not be segregated from the regular panel except when the case is given to the regular panel for deliberation at which time such alternate juror shall be dismissed from further service on the case or may remain in service under the direction of the court.

(1949 Rev., S. 7911; 1953, S. 3163d; March, 1958, P.A. 27, S. 40; 1959, P.A. 28, S. 211; 1969, P.A. 518; 1971, P.A. 40, S. 3; P.A. 73-576, S. 2, 4; P.A. 74-183, S. 56, 291; P.A. 76-336, S. 17; 76-436, S. 106, 681; P.A. 77-452, S. 20, 72; P.A. 80-313, S. 56; P.A. 82-248, S. 130; 82-307, S. 4, 8; P.A. 93-176, S. 2; P.A. 01-152, S. 2; P.A. 12-133, S. 16.)

History: 1959 act included circuit court; 1969 act amended Subsec. (c) to delete provision which had forbidden alternate jurors to counsel or confer with jurors on regular panel concerning trial matters unless they become part of regular panel, to allow substitution of alternate juror for juror at any time rather than “before the case is committed to the jury” and to add provision forbidding segregation of alternates from regular panel except during deliberation at which time alternates are dismissed from service; 1971 act amended provision re challenges in civil actions to allow four challenges in all cases where previously five challenges were allowed where trial was to twelve-person jury and four where trial was to six-person jury and substituted “Connecticut Correctional Institution, Somers” for “State Prison”; P.A. 73-576 amended provision re challenges in Subsec. (a) to allow eight challenges in all cases where offense is punishable by imprisonment for less than life where previously ten challenges were allowed in such cases tried to twelve-person jury and eight in cases tried to six-person jury and to allow four challenges in all other cases where previously five challenges were allowed in cases tried to twelve-person jury and four in cases tried to six-person jury, effective June 12, 1973, and applicable to all prosecutions claimed for jury trial on and after that date; P.A. 74-183 removed circuit court trials from purview of section, reflecting transfer of its functions to court of common pleas, effective December 31, 1974; P.A. 76-336 specified that eight challenges allowed where imprisonment is “for more than one year”; P.A. 76-436 deleted specific reference to Somers Correctional Institution in Subsec. (a), effective July 1, 1978; P.A. 77-452 made technical correction in Subsec. (a); P.A. 80-313 removed criminal prosecutions from purview of section and deleted provision re number of challenges allowed in certain categories of criminal prosecutions; P.A. 82-248 rephrased the section and redesignated parts of former Subsec. (c) as new Subsecs. (d) and (e); P.A. 82-307 amended Subsec. (a) by changing the number of alternate jurors from “one or two” to two “or more” and amended Subsec. (c) to reflect this change; P.A. 93-176 amended Subsec. (a) to add provision re peremptory challenges when the court determines a unity of interest exists and define “unity of interest”; P.A. 01-152 amended Subsec. (a) to add provisions that a unity of interest shall be found to exist among parties represented by the same attorney or law firm, that there shall be a presumption that a unity of interest exists among parties where no cross complaints or apportionment complaints have been filed and that the total number of peremptory challenges allowed to one side shall not exceed twice the number allowed to the other side; P.A. 12-133 amended Subsec. (d) by adding provision re jury instruction if juror becomes a member of the regular panel after deliberations have begun, amended Subsec. (e) by adding provision re alternate juror may remain in service when case is given to regular panel for deliberation, and made technical changes.

See Sec. 54-82h re alternate jurors in criminal prosecutions.

Cited. 144 C. 295. Cited. 186 C. 632. Cited. 187 C. 73. Single party has no legal entitlement to multiple sets of challenges when distinct causes of action have been consolidated. The granting of more challenges than provided by law is subject to review for abuse of discretion. In conducting appellate review, court must consider whether granting the challenges harmed either party or was inconsistent with an efficient and orderly judicial process. 268 C. 244.

Cited. 41 CS 48.

Juror excused from trial in process because of stress and strain resulting from his check problems held valid compliance with statute. 6 Conn. Cir. Ct. 439.

Subsec. (a):

Cited. 191 C. 62. Jury obtained by a party who exercises peremptory challenges not required by law is not a biased jury, but, by allowing such party to exclude jurors suspected of bias or partiality, is a fair and impartial jury. 279 C. 622.

Cited. 25 CA 702. Cited. 42 CA 542. Subsec. does not allow court to grant additional peremptory challenges to only one side in a civil case. 84 CA 656.

Subsec. (c):

Cited. 182 C. 419.

Subsec. (d):

Cited. 191 C. 62.

Cited. 17 CA 121. Cited. 25 CA 702.

Sec. 51-243a. Orientation of jurors. (a) All oral, written or audio-visual material presented to the juror pool with respect to the orientation of such pool shall, to the extent reasonably necessary and appropriate for the orientation of such juror pool, describe the responsibilities of jurors, describe the procedures in the courts and discuss the laws of this state. All oral remarks made to the juror pool during the orientation of such pool which describe the responsibilities of jurors, describe the procedures in the courts and discuss the laws of this state shall be recorded in a manner approved by the Office of the Chief Court Administrator.

(b) In any civil or criminal action tried before a jury, all parties, or their counsel, shall have the right to examine any written materials, any audio-visual materials and any recording or transcription of oral remarks made or given to the juror pool during orientation which describe the responsibilities of jurors, describe the procedures in the courts and discuss the laws of this state. The court may permit counsel to be present during the orientation of the juror pool.

(P.A. 96-179, S. 6.)

Sec. 51-244. Jurors attending Court of Common Pleas may try civil and criminal causes at same term. Section 51-244 is repealed.

(1949 Rev., S. 7920; 1963, P.A. 642, S. 52.)

Sec. 51-245. Duty of jurors. Prohibited conversations. Fines. Assistance of interpreter for deaf and hearing impaired jurors. (a) After a cause has been committed to a jury, the jurors shall be under the charge of an officer appointed by the court, who shall permit no other person to be present with them or to speak to them when assembled for deliberation. The jurors shall not converse with any person who is not a member of the jury relative to the cause under consideration before they have returned their verdict. When the jurors have agreed upon a verdict, they shall return it to the court.

(b) If any juror converses with any person except other members of the jury concerning the cause while it is under consideration, or voluntarily suffers any other person to converse with him, the verdict, on motion, may be set aside. The court before which the action is pending shall cause the juror to come before it and, if on inquiry the court finds him guilty, it shall fine him ten dollars. If any juror is convicted a second time of such offense, he shall be forever disqualified to sit as a juror in any case.

(c) If the officer appointed to attend on the jury, or if any juror, is guilty of any disorderly conduct or neglect of duty, or disobeys the orders of the court, the court may fine him not more than ten dollars.

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, if any juror is deaf or hearing impaired, such juror shall have the assistance of a qualified interpreter who shall be present throughout the proceeding and when the jury assembles for deliberation. Such interpreter shall be provided by the Department of Rehabilitation Services at the request of the juror or the court. Such interpreter shall be subject to rules adopted pursuant to section 51-245a.

(1949 Rev., S. 7970; P.A. 82-248, S. 131; P.A. 85-271, S. 2, 5; P.A. 11-44, S. 44; June 12 Sp. Sess. P.A. 12-1, S. 95.)

History: P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 85-271 added Subsec. (d) re assistance of qualified interpreter for deaf and hearing impaired persons throughout proceeding and deliberation; P.A. 11-44 amended Subsec. (d) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (d) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012.

Evidence of misconduct in jury room cannot be given by a juror. 5 C. 351; 16 C. 356; Id., 466; 21 C. 596; 95 C. 558; 109 C. 727. Advice by juror to counsel. 9 C. 51. Conversation by juror with third party. 3 D. 223; 13 C. 451. With a juror not on the panel. 29 C. 104. With a witness. 21 C. 100. Court may allow more than twenty-four hours for the filing of a motion to set aside a verdict. 41 C. 270. Contemplates a proceeding in the cause before final judgment. 50 C. 308. New trial denied, where juror talked with witness; 80 C. 314; where he viewed locality of injury in suit; 87 C. 363; where court excused jury at close of charge Friday afternoon until Tuesday morning. 103 C. 267; Id., 273. Where defense is res judicata, jurymen on former trial cannot testify concerning their deliberations. 109 C. 463. When papers are improperly allowed to be taken by jury, a new trial should be granted if papers could have prejudiced jury unless it is clear that they did not have a prejudicial effect; and jury may not be called to testify as to the use which they made of such papers. Id., 726. Cited. 168 C. 541. Cited. 173 C. 334. Cited. 187 C. 73. Cited. 193 C. 35. Any conduct in violation of section, prohibiting jurors from conversing with any person who is not a member of the jury relative to the cause under consideration before they have returned their verdict, may be established by testimony of a juror. 273 C. 393.

Cited. 23 CS 24.

Sec. 51-245a. Rules re qualification of interpreters to assist jurors who are deaf or hearing impaired. In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such rules as they deem necessary concerning the qualification of interpreters to assist jurors who are deaf or hearing impaired pursuant to subsection (d) of section 51-245. Such rules shall ensure that such interpreters are unbiased and will not unduly influence the jury.

(P.A. 85-271, S. 4, 5.)

Sec. 51-246. Court may require jury to remain together in certain cases. In the trial of any case involving a crime punishable by death, life imprisonment without the possibility of release or life imprisonment, the court may, in its discretion, require the jury to remain together in the charge of judicial marshals during the trial and until the jury is discharged by the court from further consideration of the case.

(1949 Rev., S. 8805; P.A. 82-248, S. 132; P.A. 00-99, S. 107, 154; P.A. 12-5, S. 14.)

History: P.A. 82-248 made minor nonsubstantive changes in wording; P.A. 00-99 replaced reference to sheriff with judicial marshals, effective December 1, 2000; P.A. 12-5 replaced provision re capital case or case involving imprisonment for life with provision re case involving crime punishable by death, life imprisonment without possibility of release or life imprisonment, effective April 25, 2012.

Court’s action in holding jury for ten days in capital case pending recovery of a juror who was taken sick during trial held a proper exercise of discretion. 106 C. 722. Entirely within discretion of trial court. 166 C. 455. Cited. 177 C. 677.

Sec. 51-247. Compensation of jurors. Guidelines re reimbursement of expenses. (a) Each full-time employed juror shall be paid regular wages by the juror’s employer for the first five days, or part thereof, of jury service. Such payment shall be subject to the requirements of section 31-71b and any employer who violates this section shall be subject to the provisions of sections 31-71g and 31-72. A person shall not be considered a full-time employed juror on any day of jury service in which such person (1) would not have accrued regular wages to be paid by the employer if such person were not serving as a juror on that day, or (2) would not have worked more than one-half of a shift which extends into another day if such person were not serving as a juror on that day. Each juror not considered a full-time employed juror on a particular day of jury service pursuant to subdivision (1) or (2) of this subsection shall be reimbursed by the state for necessary out-of-pocket expenses incurred during that day of jury service, provided such day of service is within the first five days, or part thereof, of jury service. Each part-time employed juror and unemployed juror shall be reimbursed by the state for necessary out-of-pocket expenses incurred during the first five days, or part thereof, of jury service. Necessary out-of-pocket expenses shall include, but not be limited to, twenty cents for each mile of travel from the juror’s place of residence to the place of holding the court and return, and shall exclude food. The mileage shall be determined by the shortest direct route either by highway or by any regular line of conveyance between the points. A reimbursement award under this subsection for each day of service shall not be less than twenty dollars or more than fifty dollars. For the purposes of this subsection, “full-time employed juror” means an employee holding a position normally requiring thirty hours or more of service in each week, which position is neither temporary nor casual, and includes an employee holding a position through a temporary help service, as defined in section 31-129, which position normally requires thirty hours or more of service in each week, who has been working in that position for a period exceeding ninety days, and “part-time employed juror” means an employee holding a position normally requiring less than thirty hours of service in each week or an employee working on a temporary or casual basis. In the event that a juror may be considered to be both a full-time employed juror and a part-time employed juror for any day of the first five days, or part thereof, of jury service, such juror shall, for the purposes of this section, be considered to be a full-time employed juror only.

(b) The Jury Administrator shall establish guidelines for reimbursement of expenses pursuant to this section.

(c) Each juror who serves more than five days shall be paid by the state for the sixth day and each day thereafter at a rate of fifty dollars per day of service. A juror receiving payment under this subsection shall not be entitled to any additional reimbursement.

(1949 Rev., S. 3610; 1951, S. 1974d; 1959, P.A. 28, S. 101; 1967, P.A. 703; 901, S. 9; P.A. 79-608, S. 8, 10; P.A. 80-270, S. 1, 3; 80-483, S. 183, 186; P.A. 82-248, S. 133; P.A. 87-385, S. 1, 4; P.A. 88-55, S. 1, 2; P.A. 91-160, S. 1, 3; P.A. 94-169, S. 18, 20; P.A. 03-202, S. 13; P.A. 07-217, S. 189.)

History: 1959 act deleted reference to juror in civil action before a justice of the peace, the judicial function of the latter having been abolished; 1967 acts deleted jurors for coroner’s inquests, increased compensation from $8 to $10 per day and authorized mileage for return from court; P.A. 79-608 raised jurors’ per diem from $10 to $20 and travel allowance from $0.10 to $0.15 a mile, effective July 1, 1980; P.A. 80-270 reduced per diem to $10; P.A. 80-483 changed effective date of P.A. 80-270 from May 14, 1980, to July 1, 1980; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 87-385, effective September 1, 1988, revised section, creating subdivisions within Subsec. (a), adding Subdiv. (3) re applicability of subsection to jurors summoned on or after September 1, 1988, in judicial district to which provisions of Sec. 51-238a(a) are not applicable and added Subsec. (b) re payment of wages by employer to full-time employed juror for first three days of jury service, payment of wages by state for fourth day and each day thereafter at rate of $50 per day, but no compensation for travel and added Subdiv. (3) re applicability of subsection to jurors summoned on and after September 1, 1988, to serve in judicial district to which provisions of Sec. 51-238(a) are applicable; P.A. 88-55 amended Subsec. (b)(1) by adding provisions re person not considered a full-time employed juror, definitions of necessary out-of-pocket expenses for part-time employed juror and unemployed juror and of “position” for employee who is a “full-time employed juror” and re juror who may be considered to be both full-time employed juror and part-time employed juror, inserted new Subdiv. (2) re establishment of guidelines by jury administrator for reimbursement of expenses pursuant to subsection and amended relettered Subdiv. (3) by deleting “for travel” and adding “any” before “additional reimbursement”; P.A. 91-160 amended Subsec. (a)(3) by deleting “on or after September 1, 1988,” Subsec. (b)(1) and (2) by changing “three” days to “five” days, and Subsec. (b)(4) by replacing “to serve on or after September 1, 1988,” with “for service to begin on or after September 1, 1991,”; P.A. 94-169 eliminated obsolete provisions, effective July 1, 1994; P.A. 03-202 amended Subsec. (a) by adding provisions re payment subject to requirements of Sec. 31-71b and violating employer subject to provisions of Secs. 31-71g and 31-72 and by making technical changes; P.A. 07-217 made a technical change in Subsec. (a), effective July 12, 2007.

Sec. 51-247a. Employer not to discharge employee or require additional hours work for jury service. Eight hours jury duty deemed a legal day’s work. Penalty. Action for recovery of wages and reinstatement. Liability of employer for failure to compensate juror-employee. (a) An employer shall not deprive an employee of his or her employment, or threaten or otherwise coerce the employee with respect to his or her employment, because the employee receives a summons in accordance with the provisions of section 51-232, responds to the summons, or serves as a juror.

(b) Any juror-employee who has served eight hours of jury duty in any one day shall be deemed to have worked a legal day’s work as that term is used in section 31-21 and an employer shall not require the juror-employee to work in excess of said eight hours.

(c) Any employer who violates this section shall be guilty of criminal contempt, and, upon conviction thereof, may be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(d) If an employer discharges an employee in violation of this section, the employee, within ninety days of such discharge, may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring reinstatement of the employee. Damages recoverable shall not exceed lost wages for ten weeks. If the employee prevails, the employee shall be allowed a reasonable attorney’s fee fixed by the court.

(e) Any employer who fails to compensate a juror-employee pursuant to section 51-247 and who has not been excused from such duty to compensate a juror-employee pursuant to section 51-247c shall be liable to the juror-employee for damages. The juror may commence a civil action in any superior court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to such action. The court may award treble damages and reasonable attorney’s fees to the juror upon a finding of wilful conduct by the employer.

(f) Each state’s attorney, assistant state’s attorney and deputy assistant state’s attorney shall collect in the name of the state and by suit when necessary, any fines imposed under this chapter.

(P.A. 80-240, S. 1, 2; June Sp. Sess. P.A. 83-5, S. 15, 18; P.A. 84-393, S. 16, 18, 20; P.A. 87-385, S. 3, 4; P.A. 08-103, S. 3.)

History: June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, added Subsec. (c) re collection of fines by state’s attorney, assistant state’s attorney and deputy assistant state’s attorney; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and made Subsec. (a) applicable to jurors selected and summoned to serve on or before august 31, 1986, and added Subsec. (b) re discharge of employee because of jury summons and provision re collection of fines by state’s attorneys, applicable to jurors selected and summoned to serve on or after September 1, 1986; P.A. 87-385, effective September 1, 1988, deleted former Subsec. (a) re duties of employer re employee who is summoned to serve on or before August 31, 1986, inserted new Subsec. (c) re liability of employer who fails to compensate employee under Sec. 51-247(b) and Sec. 51-247c, deleted obsolete provision re applicability to jurors selected and summoned on or after September 1, 1986, and relettered Subsecs. as necessary; P.A. 08-103 inserted new Subsec. (b) re 8 hours of jury duty in 1 day deemed legal day’s work and prohibiting additional work requirement, redesignated contempt provision in Subsec. (a) as new Subsec. (c), redesignated existing Subsecs. (b) to (d) as new Subsecs. (d) to (f), respectively, and made technical changes.

Cited. 193 C. 558.

Sec. 51-247b. Prohibition on former juror serving as consultant. No person who serves as a juror in the trial of an action shall, for consideration, advise or consult with any party with respect to a subsequent retrial of such action or a separate trial arising out of the same transaction or offense involving the same or different parties. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

(P.A. 86-181.)

Sec. 51-247c. Court may excuse compensation of juror. Waiver application. Juror service certificate. Filing of application. (a) Upon written application on a form prescribed by the Office of the Chief Court Administrator, the court may excuse (1) an employer from the duty to compensate a juror-employee, or (2) a self-employed juror from the duty to compensate himself or herself. In such instances, the court shall make a finding that extreme financial hardship would be imposed if such duty were not removed. If an employer or self-employed juror is so excused from making payment, the court shall award to the juror the amount the court finds to be the juror’s regular wages, to be paid by the state, for the first five days, or part thereof, of juror service but in no event shall such award exceed fifty dollars per day.

(b) The Jury Administrator shall mail or the clerk of the court shall give the waiver applications as provided for in subsection (a) of this section and juror service certificates to jurors who have performed juror service. The Office of the Chief Court Administrator may combine into one form the waiver application and the juror service certificate. The juror service certificate shall contain: (1) The name and address of the juror; (2) the court location in which the juror service was performed; (3) the number of days of juror service performed by the juror and the specific dates thereof; (4) the total compensation received by the juror for the period of juror service involved; (5) a declaration of the duty of an employer to compensate a juror-employee for the first five days or part thereof of juror service; (6) the right of an employer to be excused from such duty by the court upon a finding of extreme financial hardship; and (7) any other information which the Jury Administrator deems appropriate. Each juror service certificate shall be completed in duplicate, one copy of which shall be for the juror and one copy of which shall be for the employer of the juror. A juror who seeks compensation from the juror’s employer for juror service shall tender the employer’s copy of the juror service certificate and the waiver application to the juror’s employer as soon as practicable after its receipt.

(c) An employer may file a waiver application not later than fifteen days after its receipt by the employer. The waiver application shall be submitted to the court location where the juror served. If an application is denied, the party making the application may apply for a hearing no later than twenty days from the date of the finding by the court.

(P.A. 87-385, S. 2, 4; P.A. 91-160, S. 2, 3; P.A. 94-169, S. 19, 20; P.A. 07-217, S. 190.)

History: P.A. 87-385 effective September 1, 1988; P.A. 91-160 changed “three” days to “five” days and in Subsec. (d) deleted “to serve on or after September 1, 1988,” and substituted “for service to begin on or after September 1, 1991,” in lieu thereof; P.A. 94-169 deleted Subsec. (d) which had limited applicability of section, effective July 1, 1994; P.A. 07-217 made technical changes in Subsecs. (a) and (b), effective July 12, 2007.