State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1313: juror contact; advisement; interview requirements

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Judiciary

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes a system whereby, upon discharge, jurors may officially opt out of contact with the parties and their representatives.

History

A party to a case or the party's attorney is usually allowed to contact a juror after the case is over and the jury discharged. Neither the party nor the attorney may contact a juror if contact is prohibited by a court order (E.R. 3.5(b)). An attorney also may not contact a juror who has asked not to be contacted (E.R. 3.5(c)(2)).

Provisions

1.       Requires the court, upon discharge of the jury, to advise the jurors either verbally or in writing of the right to accept or decline contact with the parties and their representatives.

2.       Requires jurors to opt in or opt out of contact with the parties and parties' representatives.

3.       Requires the court to make a juror's opt-in or opt-out decision part of the record.

4.       Permits a juror who opts in to specify an exclusive method of contact.

5.       Prohibits a party or party's representative from contacting a juror who has opted out.

6.       Prohibits a party or party's representative from contacting a juror who has opted in, except by the juror's preferred method of contact.

7.       Permits the court, upon a finding of good cause, to grant a party's request to contact a juror who has opted out.

8.       Requires a party requesting court permission to contact a juror to notify all other parties of the request.

9.       Permits the court to issue an order to show cause and to order an appropriate remedy for unauthorized contact with a juror.

a.       Permits the court to order preclusion of any information obtained by a party or party's representative through unauthorized contact with a juror.

10.   States that the court may limit the scope of any contact between a party and a juror.

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14.   Fifty-fourth Legislature                       SB 1313

15.   First Regular Session                            Version 1: Judiciary

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