| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 14 MRSA §1204, as amended by PL 1977, c. 102, is repealed | | and the following enacted in its place: |
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| | | 1.__Number of members.__A civil jury consists of between 7 | | and 9 members, but the unanimous votes of 6 or more jurors are | | sufficient to determine a verdict.__A jury of 8 members must | | be selected unless the court determines that a 9th member | | should be added to ensure that at least 7 jurors will be | | available to consider the verdict.__All jurors who have heard | | the evidence shall participate in determining the verdict | | unless discharged for cause. |
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| | | 2.__Procedures.__At the commencement of each term,__the | | clerk shall prepare an alphabetical list of the names of those | | appearing for duty as traverse jurors.__Before each trial, | | after the court has ruled on challenges for cause, the clerk | | shall randomly draw by lot from the names of all eligible | | jurors a sufficient number to comprise the jury panel plus | | enough to account for peremptory challenges.__Peremptory | | challenges may then be exercised in accordance with court | | rules.__When the panel is complete, the court shall appoint a | | foreperson to oversee deliberations and to speak for the jury. |
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| | | Sec. 2. 14 MRSA §1207 is repealed. |
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| | | Sec. 3. 15 MRSA §1317, as amended by PL 1973, c. 567, §20, is | | further amended to read: |
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| | | The Attorney General, district attorney or foreman | | foreperson of the grand jury shall swear or affirm, in | | presence of the jury, all witnesses who are to testify before | | them, and a list thereof, stating the cases in which they | testify, shallforeman | | foreperson before the jury is discharged and filed and entered | on record by the clerk. The clerk shall | | public until the criminal cases at such terms have been tried | | or otherwise disposed of. |
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| | | For civil cases, this bill eliminates the need for choosing | | alternate jurors who are dismissed at the end of trial. All | | jurors chosen may participate in the verdict so long as the | | panel contains at least 7 members. The unanimous votes of any | | 6 |
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