Chapter 1 - Trial Jury Selection and Management Act

California Code of Civil Procedure — §§ 190-242

Showing inline text for up to 20 sections. Open a section link to read its full text.

Sections (51)

Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.

This chapter shall be known and may be cited as the Trial Jury Selection and Management Act.

Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.

The Legislature recognizes that trial by jury is a cherished constitutional right, and that jury service is an obligation of citizenship.

It is the policy of the State of California that all persons selected for jury service shall be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity, in accordance with this chapter, to be considered for jury service in the state and an obligation to serve as jurors when summoned for that purpose; and that it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable,

and cost-effective manner, in accordance with this chapter.

Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.

This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the state.

Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.

Juries are of three kinds:

(a)Grand juries established pursuant to Title 4 (commencing with Section 888) of Part 2 of the Penal Code.
(b)Trial juries.
(c)Juries of inquest.

Amended by Stats. 2002, Ch. 784, Sec. 39. Effective January 1, 2003.

The following definitions govern the construction of this chapter:

(a)“County” means any county or any coterminous city and county.
(b)“Court” means a superior court of this state, and includes, when the context requires, any judge of the court.
(c)“Deferred jurors” are those prospective jurors whose request to reschedule their service to a more convenient time is

granted by the jury commissioner.

(d)“Excused jurors” are those prospective jurors who are excused from service by the jury commissioner for valid reasons based on statute, state or local court rules, and policies.
(e)“Juror pool” means the group of prospective qualified jurors appearing for assignment to trial jury panels.
(f)“Jury of inquest” is a body of persons summoned from the citizens before the sheriff, coroner, or other ministerial officers, to inquire of particular facts.
(g)“Master list” means a list of names randomly selected from the source lists.
(h)“Potential juror” means any person whose name appears on a source list.
(i)“Prospective juror” means a juror whose name appears on the master list.
(j)“Qualified juror” means a person who meets the statutory qualifications for jury service.
(k)“Qualified juror list” means a list of qualified jurors.
(l)“Random” means that which occurs by mere chance indicating an unplanned sequence of selection where each juror’s name has substantially equal probability of being selected.
(m)“Source list” means a list used as a source of potential jurors.
(n)“Summons list” means a list of prospective or qualified jurors who are summoned to appear or to be available for jury service.
(o)“Trial jurors” are those jurors sworn to try and determine by verdict a question of fact.
(p)“Trial jury” means a body of persons selected from the citizens of the area served by the court and sworn to try and determine by verdict a question of fact.
(q)“Trial jury panel” means a group of prospective jurors assigned to a courtroom for the purpose of voir dire.

Amended by Stats. 2002, Ch. 784, Sec. 40. Effective January 1, 2003.

(a)In each county, there shall be one jury commissioner who shall be appointed by, and serve at the pleasure of, a majority of the judges of the superior court. In any county where there is a superior court administrator or executive officer, that person shall serve as ex officio jury commissioner. In any court jurisdiction where any person other than a court administrator or clerk/administrator is serving as jury commissioner on the effective date of this section, that person shall continue to so serve at the pleasure of a majority of the

judges of the appointing court.

(b)Any jury commissioner may, whenever the business of court requires, appoint deputy jury commissioners. Salaries and benefits of those deputies shall be fixed in the same manner as salaries and benefits of other court employees.
(c)The jury commissioner shall be primarily responsible for managing the jury system under the general supervision of the court in conformance with the purpose and scope of this act. He or she shall have authority to establish policies and procedures necessary to fulfill this responsibility.

Amended by Stats. 2003, Ch. 149, Sec. 6. Effective January 1, 2004.

(a)The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or may be summoned for jury service. The commissioner or the court may require any person to answer, under oath, orally or in written form, all questions as may be addressed to that person, regarding the person’s qualifications and ability to serve as a prospective trial juror. The commissioner and his or her assistants shall have power to administer oaths and shall be allowed actual traveling expenses incurred

in the performance of their duties.

(b)Response to the jury commissioner or the court concerning an inquiry or summons may be made by any person having knowledge that the prospective juror is unable to respond to such inquiry or summons.
(c)Any person who fails to respond to jury commissioner or court inquiry as instructed, may be summoned to appear before the jury commissioner or the court to answer the inquiry, or may be deemed to be qualified for jury service in the absence of a response to the inquiry. Any information thus acquired by the court or jury commissioner shall be noted in jury commissioner or court records.

Amended by Stats. 2020, Ch. 230, Sec. 1. (SB 592) Effective January 1, 2021.

(a)All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists.
(b)(1) The list of registered

voters and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. Until January 1, 2022, only these two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).

(2)The list of resident state tax filers is an appropriate source list for selection of jurors. Beginning on January 1, 2022, the list of resident state tax filers, the list of registered voters, and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, when substantially purged of duplicate names, shall be considered inclusive of a

representative cross section of the population, within the meaning of subdivision (a).

(c)The Department of Motor Vehicles shall furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are age 18 years or older and who are holders of a current driver’s license or identification card issued pursuant to Article 3 (commencing with Section 12800) of, or Article 5 (commencing with Section 13000) of, Chapter 1 of Division 6 of the Vehicle Code. The conditions under which these lists shall be compiled semiannually shall be determined by the director, consistent with any rules which may be adopted by the Judicial Council. This service shall be provided by the Department of Motor Vehicles pursuant to Section 1812 of the Vehicle Code. The jury commissioner

shall not disclose the information furnished by the Department of Motor Vehicles pursuant to this section to any person, organization, or agency.

(d)(1) The Franchise Tax Board shall annually furnish the jury commissioner of each county with a list of resident state tax filers for their county in consultation with the Judicial Council.
(2)The list of resident state tax filers shall be submitted to the jury commissioner of each county by November 1, 2021, and each November 1 thereafter.
(3)(A) For purposes of this section, “list of resident state tax filers” means a list that includes the name, date of birth, principal residence address, and county of principal residence, of persons

who are 18 years of age or older and have filed a California resident income tax return for the preceding taxable year.

(B)For purposes of this paragraph, “county of principal residence” means the county in which the taxpayer has their principal residence on the date that the taxpayer filed their

California resident income tax return.

(C)For the purposes of this paragraph, “principal residence” is used in the same manner it is used in Section 121 of the Internal Revenue Code.

Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.

(a)Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through selection of prospective jurors for voir dire.
(b)The jury commissioner shall, at least once in each 12-month period, randomly select names of prospective trial jurors from the source list or lists, to create a master list.
(c)The master jury list shall be used by the jury commissioner, as provided by statute and state and local court rules, for the

purpose of (1) mailing juror questionnaires and subsequent creation of a qualified juror list, and (2) summoning prospective jurors to respond or appear for qualification and service.

Amended (as amended by Stats. 2002, Ch. 784) by Stats. 2003, Ch. 449, Sec. 6. Effective January 1, 2004.

If sessions of the superior court are held in a location other than the county seat, the names for master jury lists and qualified jury lists to serve in a session may be selected from the area in which the session is held, pursuant to a local superior court rule that divides the county in a manner that provides all qualified persons in the county an equal opportunity to be considered for jury service. Nothing in this section precludes the court, in its discretion, from ordering a countywide venire in the interest of justice.

Amended by Stats. 2002, Ch. 784, Sec. 47. Effective January 1, 2003.

In any superior court, a separate trial jury panel may be drawn, summoned, and impaneled for each judge, or any one panel may be drawn, summoned, and impaneled by any one of the judges, for use in the trial of cases before any of the judges, as occasion may require. In those courts, when a panel of jurors is in attendance for service before one or more of the judges, whether impaneled for common use or not, the whole or any number of the jurors from such panel may be required to attend and serve in the trial of cases, or to complete a panel, or jury, before any

other of the judges.

Added by Stats. 1988, Ch. 1245, Sec. 2.

Mechanical, electric, or electronic equipment, which in the opinion of the jury commissioner is satisfactory therefor, may be used in the performance of any function specified by this chapter for the selection and drawing of jurors.

Amended by Stats. 2019, Ch. 591, Sec. 1. (SB 310) Effective January 1, 2020.

(a)All persons are eligible and qualified to be prospective trial jurors, except the following:
(1)Persons who are not citizens of the United States.
(2)Persons who are less than 18 years of age.
(3)Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4)Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5)Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6)Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7)Persons who are serving as grand or trial jurors in any court of this state.
(8)Persons who are the subject of conservatorship.
(9)Persons while they are incarcerated

in any prison or jail.

(10)Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11)Persons who are currently required to register as a sex

offender pursuant to Section 290 of the Penal Code based on a felony conviction.

(b)No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Amended by Stats. 2007, Ch. 568, Sec. 15. Effective January 1, 2008.

(a)No eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in Section 11135 of the Government Code, or for any other reason. No person shall be excused from service as a trial juror except as specified in subdivision (b).
(b)An eligible person may be excused from jury service only for undue hardship, upon themselves or upon the public, as defined by the Judicial

Council.

Repealed (in Sec. 11) and added by Stats. 2024, Ch. 812, Sec. 12. (AB 1899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror.
(b)Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases.
(c)The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a

fair cross section of the population is represented as required by law, if such procedures are established by local court rule.

(d)The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process.
(e)The Judicial Council shall adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire is inclusive, including allowing a juror the ability to express their gender identity or gender expression, if applicable.
(f)This section shall become operative on January 1, 2026.

Amended by Stats. 2000, Ch. 242, Sec. 1. Effective January 1, 2001.

(a)Prior to discharging the jury from the case, the judge in a criminal action shall inform the jurors that they have an absolute right to discuss or not to discuss the deliberation or verdict with anyone. The judge shall also inform the jurors of the provisions set forth in subdivisions (b), (d), and (e).
(b)Following the discharge of the jury in a criminal case, the defendant, or his or her attorney or representative, or the prosecutor, or his or her representative, may

discuss the jury deliberation or verdict with a member of the jury, provided that the juror consents to the discussion and that the discussion takes place at a reasonable time and place.

(c)If a discussion of the jury deliberation or verdict with a member of the jury pursuant to subdivision (b) occurs at any time more than 24 hours after the verdict, prior to discussing the jury deliberation or verdict with a member of a jury pursuant to subdivision (b), the defendant or his or her attorney or representative, or the prosecutor or his or her representative, shall inform the juror of the identity of the case, the party in that case which the person represents, the subject of the interview , the absolute right of the juror to discuss or not discuss the deliberations or verdict in the case with the person, and the juror’s right to review and have a copy of any declaration filed with the court.
(d)Any unreasonable contact with a juror by the defendant, or his or her attorney or representative, or by the prosecutor, or his or her representative, without the juror’s consent shall be immediately reported to the trial judge.
(e)Any violation of this section shall be considered a violation of a lawful court order and shall be subject to reasonable monetary sanctions in accordance with Section 177.5 of the Code of Civil Procedure.
(f)Nothing in the section shall prohibit a peace officer from investigating an allegation of criminal conduct.
(g)Pursuant to Section 237, a defendant or defendant’s counsel may, following the recording of a jury’s verdict in a criminal proceeding, petition the court for access to personal juror identifying information within the court’s records necessary for the

defendant to communicate with jurors for the purpose of developing a motion for new trial or any other lawful purpose. This information consists of jurors’ names, addresses, and telephone numbers. The court shall consider all requests for personal juror identifying information pursuant to Section 237.

Added by Stats. 1988, Ch. 1245, Sec. 2.

(a)The jury commissioner shall maintain records regarding selection, qualification, and assignment of prospective jurors.
(b)The jury commissioner shall maintain records providing a clear audit trail regarding a juror’s attendance, jury fees, and mileage.
(c)All records and papers maintained or compiled by the jury commissioner in connection with the selection or service of a juror may be kept on an electronic or microfilm medium and such records shall be preserved for at least three years after the list

used in their selection is prepared, or for any longer period ordered by the court or the jury commissioner.

Amended by Stats. 2003, Ch. 149, Sec. 7. Effective January 1, 2004.

The jury commissioner shall estimate the number of prospective jurors that may be required to serve the needs of the court, and shall summon prospective jurors for service. Prospective jurors shall be summoned by mailing a summons by first-class mail or by personal service or, in urgency situations, as elsewhere provided by law. The summons, when served by mail, shall be mailed at least 10 days prior to the date of required appearance. Once a prospective juror has been summoned, the date, time, or place of appearance may be modified or further specified by the

jury commissioner, by means of written, telegraphic, telephonic, or direct oral communication with the prospective juror.

Amended (as amended by Stats. 2006, Ch. 567, Sec. 5) by Stats. 2009, Ch. 44, Sec. 1. (SB 319) Effective January 1, 2010. Note: This amendment deleted the former Jan. 1, 2010, repeal date and extended this version's provisions indefinitely.

(a)Any prospective trial juror who has been summoned for service, and who fails to attend as directed or to respond to the court or jury commissioner and to be excused from attendance, may be attached and compelled to attend. Following an order to show cause hearing, the court may find the prospective juror in contempt of court, punishable by fine, incarceration, or both, as otherwise provided by law.
(b)In lieu of imposing sanctions for contempt as set forth in subdivision (a), the court may impose reasonable monetary sanctions, as provided in this subdivision, on a prospective juror who has not been excused pursuant to Section 204 after first providing the prospective juror with notice and an opportunity to be heard. If a juror fails to respond to the initial summons the court may issue a second summons indicating that the person failed to appear in response to a previous summons and ordering the person to appear for jury duty. The second summons may be issued no earlier than 90 days after the initial failure to appear. Upon the failure of the juror to appear in response to the second summons, the court may issue a failure to appear notice informing the person that failure to respond may result in the imposition of money sanctions. If the prospective juror does not attend the court within the time period as directed by the failure to appear

notice, the court shall issue an order to show cause. Payment of monetary sanctions imposed pursuant to this subdivision does not relieve the person of his or her obligation to perform jury duty.

(c)(1) The court may give notice of its intent to impose sanctions by either of the following means:

(A) Verbally to a prospective juror appearing in person in open court.

(B) The issuance on its own motion of an order to show cause requiring the prospective juror to demonstrate reasons for not imposing sanctions. The court may serve the order to show cause by certified or first-class mail.

(2)The monetary sanctions imposed pursuant to subdivision (b) may not exceed two hundred fifty dollars ($250) for the first violation, seven hundred

fifty dollars ($750) for the second violation, and one thousand five hundred dollars ($1,500) for the third and any subsequent violation. Monetary sanctions may not be imposed on a prospective juror more than once during a single juror pool cycle. The prospective juror may be excused from paying sanctions pursuant to subdivision (b) of Section 204 or in the interests of justice. The full amount of any sanction paid shall be deposited in a bank account established for this purpose by the Administrative Office of the Courts and transmitted from that account monthly to the Controller for deposit in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. It is the intent of the Legislature that the funds derived from the monetary sanctions authorized in this section be allocated, to the extent feasible, to the family courts and the civil courts. The Judicial Council shall, by rule, provide for a procedure by which a prospective juror against whom a sanction has been imposed by default

may move to set aside the default.

Added by Stats. 1988, Ch. 1245, Sec. 2.

The summons shall contain the date, time, and place of appearance required of the prospective juror or, alternatively, instructions as to the procedure for calling the jury commissioner for telephonic instructions for appearance as well as such additional juror information as deemed appropriate by the jury commissioner.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.