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234 Pa. Code Rule 625. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array.

PART C. Jury Procedures


Rule 625. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array.

 (A)  JUROR QUALIFICATION FORM AND LISTS OF TRIAL JURORS.

   (1)  The officials designated by law to select persons for jury service shall:

     (a)   devise, distribute, and maintain juror qualification forms as provided by law;

     (b)   prepare, publish, and post lists of the names of persons to serve as jurors as provided by law; and

     (c)   upon the request of the attorney for the Commonwealth or the defendant’s attorney, furnish the list containing the names of prospective jurors prepared pursuant to paragraph (A)(1)(b); and

     (d)   make available for review and copying copies of the juror qualification forms returned by the prospective jurors.

   (2)  The information provided on the juror qualification form shall be confidential and limited to questions of the jurors’ qualifications.

   (3)  The original and any copies of the juror qualification form shall not constitute a public record.

 (B)  CHALLENGE TO THE ARRAY.

   (1)  Unless opportunity did not exist prior thereto, a challenge to the array shall be made not later than 5 days before the first day of the week the case is listed for trial of criminal cases for which the jurors have been summoned and not thereafter, and shall be in writing, specifying the facts constituting the ground for the challenge.

   (2)  A challenge to the array may be made only on the ground that the jurors were not selected, drawn, or summoned substantially in accordance with law.

Comment

   The qualification, selection, and summoning of prospective jurors, as well as related matters, are generally dealt with in Chapter 45, Subchapters A—C, of the Judicial Code, 42 Pa.C.S. § §  4501—4503, 4521—4526, 4531—4532. ‘‘Law’’ as used in paragraph (B)(2) of this rule is intended to include these Judicial Code provisions. However, paragraphs (B)(1) and (2) of this rule are intended to supersede the procedures set forth in Section 4526(a) of the Judicial Code and that provision is suspended as being inconsistent with this rule. See PA. CONST. art. V, §  10; 42 Pa.C.S. §  4526(c). Sections 4526(b) and (d)—(f) of the Judicial Code are not affected by this rule.

   Paragraph (A) was amended in 1998 to require that the counties use the juror qualification forms provided for in Section 4521 of the Judicial Code, 42 Pa.C.S. §  4521. It is intended that the attorneys in a case may inspect and copy or photograph the jury lists and the qualification forms for the prospective jurors summoned for their case. The information on the qualification forms is not to be disclosed except as provided by this rule or by statute. This rule is different from Rule 632, which requires that jurors complete the standard, confidential information questionnaire for use during voir dire.

   Official Note

   Adopted January 24, 1968, effective August 1, 1968; Comment revised January 28, 1983, effective July 1, 1983; amended September 15, 1993, effective January 1, 1994; September 15, 1993 amendments suspended December 17, 1993 until further Order of the Court; the September 15, 1993 Order amending Rule 1104 is superseded by the September 18, 1998 Order, and Rule 1104 is amended September 18, 1998, effective July 1, 1999; amended May 14, 1999, effective July 1, 1999; renumbered Rule 630 March 1, 2000, effective April 1, 2001; amended March 28, 2000, effective July 1, 2000; renumbered Rule 625 July 7, 2015, effective October 1, 2015.

   Committee Explanatory Reports:

   Report explaining the September 15, 1993 amendments published at 21 Pa.B. 150 (January 12, 1991). Order suspending, until further Order of the Court, the September 15, 1993 amendments concerning juror information questionnaires published at 24 Pa.B. 333 (January 15, 1994).

   Final Report explaining the September 18, 1998 amendments concerning juror information questionnaires published with the Court’s Order at 28 Pa.B. 4887 (October 3, 1998).

   Final Report explaining the May 14, 1999 amendments placing titles in paragraphs (A) and (B) published with the Court’s Order at 29 Pa.B. 2778 (May 29, 1999).

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1956 (April 15, 2000).

   Final Report explaining the July 7, 2015 renumbering of Rule 630 to Rule 625 published with the Court’s Order at 45 Pa.B. 3985 (July 25, 2015).

Source

   The provisions of this Rule 630 amended March 28, 2000, effective July 1, 2000, 30 Pa.B. 1955; renumbered as Rule 625 and amended July 7, 2015, effective October 1, 2015, 45 Pa.B. 3980. Immediately preceding text appears at serial pages (360286), (318665) and (265687).



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