A. A jury in the magistrate court consists of six jurors with the same qualifications as jurors in the district court.
B. The magistrate shall direct the clerk of the district court to draw and assign to that court the number of qualified jurors the magistrate deems necessary for one or more jury panels. Upon the receipt of the direction and in the manner prescribed for the selection of district court jurors, the clerk of the district court shall draw at random from the master jury wheel the number of qualified jurors specified. The names of jurors drawn for magistrate jury service shall be forwarded to the magistrate who shall maintain a record of the names and addresses of the prospective jurors.
C. Whenever a jury is required, the magistrate shall order the sheriff or a responsible person to summon the persons named on the jury list to appear at the time and place set for trial of the action. If a jury is left incomplete because of failure of jurors to appear, excused absences or disqualifications, the magistrate shall direct the sheriff to summon others to complete the jury.
D. No person may be required to remain as a member of a magistrate jury panel for longer than six months following qualification as a juror in any year unless the panel is engaged in a trial.
History: 1953 Comp., § 36-10-3, enacted by Laws 1974, ch. 37, § 1.
ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 62, § 171, repealed former 36-10-3, 1953 Comp., relating to affidavit for replevin, effective January 1, 1969, and Laws 1968, ch. 62, § 110, enacted a new 36-10-3, 1953 Comp., relating to magistrate jury and empaneling. Laws 1974, ch. 37, § 1, repealed 36-10-3, 1953 Comp., relating to magistrate jury and empaneling, and enacted a new section.
Cross references. — For jury consisting of six persons, see N.M. Const., art. II, § 12.
For juries and jurors generally, see 38-5-1 to 38-5-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 100 et seq.
Right of consent to trial of criminal case before less than twelve jurors; and effect of consent upon jurisdiction of court to proceed with less than twelve, 70 A.L.R. 279, 105 A.L.R. 1114.
Irregularity in drawing names for a jury panel as ground of complaint by defendant in criminal prosecution, 92 A.L.R. 1109.
Validity of selection of jury in absence of defendant from courtroom, 33 A.L.R.4th 429.
51 C.J.S. Justices of the Peace § 99.