American Samoa § 46.1519 - Drawing of trial jury.

§ 46.1519. Drawing of trial jury.

(a) In the High Court, this section shall be applicable to the drawing of a trial jury and service thereon. (b) Not later than 15 January of each year, the clerk shall draw at random from the names on the certified list of trial jurors such number of trial jury panels as is deemed sufficient for the ensuing year, each panel to consist of 18 names. When directed by the court, additional panels shall be drawn. The names and juror qualification forms for the prospective jurors on each panel shall be sealed in envelopes, 1 envelope for each panel. The envelopes shall remain sealed and in the custody of the clerk. (c) Whenever a judge requires the services of a trial jury for use in proceedings before him or any other judge of the court, he may order the required number of panels from the clerk. Upon receipt by the judge of the envelopes containing the panels, the contents thereof shall be made available to the litigants concerned. (d) The whole or any number of the jurors from a panel or panels ordered by a judge may be required to attend and serve. The names of those summoned and present, and not disqualified, excused or exempted, shall be placed in an appropriate container, from which there shall be drawn a sufficient number of names to constitute a trial jury. The drawing shall be by lot in open court under the supervision of the judge. There is no requirement that names on a particular panel be exhausted before those on another panel may be used in the drawing, and the names of jurors on different panels which have been transmitted to the judge may be mixed with each other in the container during the drawing. If a jury cannot be chosen for the trial of a case from the names placed in the container before the drawing commenced, additional names may be placed in the container. For this purpose additional panels may be ordered and the prospective jurors summoned. The judge may summon jurymen from among bystanders on consent of all parties. (e) Prospective jurors in attendance but not actually serving in a trial before him shall be subject to such orders relative to further jury service as the judge deems appropriate, including service before other judges. (f) Each panel ordered by a judge shall serve for a period of 30 days, commencing from the 1st day the panel is required to appear for service; provided, that any juror may be required to serve beyond the 30-day period for the trial of any case in which the selection of the jury commenced within that period. Upon completion of service by all members of a panel, such panel shall be returned to the clerk which shall not transmit such panel again to any judge until all other panels have been exhausted and other panels which served at a more remote time have been first transmitted for service. (g) A judge may, having regard to the equitable distribution of jury service, excuse any juror after actual service in trial.