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22-3407. Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected or drawn shall be raised by a motion to discharge the jury panel. The motion shall be made at least five days prior to the date set for trial if the names and addresses of the panel members and the grounds for objection thereto are known to the parties or can be learned by an inspection of the records of the clerk of the district court at that time; in other cases the motion must be made prior to the time when the jury is sworn to try the case. For good cause shown, the court may entertain the motion at any time thereafter.

(2) The motion shall be in writing and shall state facts which, if true, show that the jury panel was improperly selected or drawn.

(3) If the motion states facts which, if true, show that the jury panel has been improperly selected or drawn, it shall be the duty of the court to conduct a hearing. The burden of proof shall be on the movant.

(4) If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.

History: L. 1970, ch. 129, ยง 22-3407; July 1.

Cross References to Related Sections:

Qualifications of jurors, see 43-156.

Persons excused from jury service, see 43-158, 43-159.

Written questions concerning personal data and qualifications of jurors, see 43-161.

Challenge of jury panel in civil actions, see 60-247.

CASE ANNOTATIONS

1. Additional jurors selected under K.S.A. 43-167 without objection; motion to discharge entire panel filed during trial not timely. State v. McCambry, 225 Kan. 803, 805, 594 P.2d 222.

2. Duty imposed upon moving party to go beyond claim of discrimination; must state some factual basis for claim. State v. Holt, 228 Kan. 16, 17, 612 P.2d 570.

3. Duty imposed on moving party to go beyond bald claim of discrimination and to state some "factual basis." State v. Coy, 234 Kan. 414, 418, 672 P.2d 599 (1983).

4. Objection on appeal to manner jury panel selected presents no issue if not raised by trial motion. State v. Haislip, 237 Kan. 461, 485, 701 P.2d 909 (1985).

5. Denial of motion to discharge jury panel examined; statutes (K.S.A. 43-107 et seq.) and court rules on jury panel selection discussed. State v. Baker, 249 Kan. 431, 434, 819 P.2d 1173 (1991).

6. Challenge to jury composition and failure to discharge jury panel examined. State v. Ji, 251 Kan. 3, 6, 832 P.2d 1176 (1992).

7. Section imposes duty upon party seeking to discharge jury to prove selection improper. State v. Lewis, 38 Kan. App. 2d 91, 93, 161 P.3d 807 (2007).


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