§ 8-408. In civil case

   (a) Exclusive procedure. -- This section sets forth the exclusive procedure by which a party in a civil case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.

(b) Motion. --

   (1) Before examination begins in a civil case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to stay the case on the ground of substantial failure to comply with a provision of this title in selecting the trial jury.

   (2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.

(c) Access to record. -- On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy the record as needed to prepare.

(d) Evidence. -- A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:

   (1) The testimony of the jury commissioner; and

   (2) Relevant records, whether or not public, that the jury commissioner used.

(e) Duty of trial judge. --

   (1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.

   (2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.

HISTORY: 2006, ch. 372, § 13.