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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
civil juries; size; concurrence
Purpose
An emergency measure that allows, until January 1, 2023, the superior court presiding judge to order that a civil jury trial consist of six jurors, rather than eight jurors.
Background
Statute requires that a jury for trial in any court of record of a civil case consist of eight persons, and that a minimum of all but two jurors concur to render a verdict (A.R.S. § 21-102). The Arizona Constitution requires each county to have a presiding judge of the superior court. In each county in which there are two or more judges, the Arizona Supreme Court must appoint one of such judges presiding judge. Presiding judges exercise administrative supervision over the superior court and judges in their counties and execute other duties specified by the Arizona Supreme Court (Ariz. Const. art. 6 § 11).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows, until January 1, 2023, the superior court presiding judge in a county to order that:
a) a jury for a trial in any court of record of a civil case consist of six persons, rather than eight persons; and
b) the concurrence of all but one person, rather than two persons, is necessary to render a verdict in a trial with six jurors.
2. Requires, effective January 1, 2023:
a) a jury for a trial in any court of record of a civil case to consist of eight persons; and
b) the concurrence of all but two persons is necessary to render a verdict.
3. Becomes effective on the signature of the Governor, if the emergency clause is enacted.
House Action
JUD 2/3/21 DPA 10-0-0
3rd Read 2/11/21 59-0-1
Prepared by Senate Research
March 2, 2021
JA/gs