Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JURIES ACT - SECT 39

Striking jury in civil cases

    (1)     When a civil issue that is to be tried with a jury is called on for trial, the proper officer:

        (a)     must, in accordance with the written directions of the Chief Justice:

            (i)     select, one at a time, persons from the panel of jurors to the trial; and

            (ii)     call aloud the name and description of the person selected,

    until, after all challenges for cause are allowed, 12 persons appear and remain approved as indifferent; and

        (b)     must compile a list of the names of those jurors.

    (2)     If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, before the list contains the names of 12 jurors:

        (a)     the Court may order the Sheriff to appoint from amongst such of the persons in or in the vicinity of the court as are qualified and liable to serve, and not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors; and

        (b)     the Sheriff, upon so doing, shall place the names of the jurors so appointed on the list.

    (3)     Talesman are subject to challenge in accordance with this Act.

    (4)     Upon the list being completed, the list shall be delivered by the Sheriff successively to the plaintiff and to the defendant, each of whom may strike out 4 names from the list.

    (5)     If no more than 4 names then remain on the list, the persons whose names so remain shall be the jury, but if more than 4 names then remain on the list, the persons whose names are the first 4 names so remaining shall be the jury.

    (6)     The jurors so selected must take an oath under section 58 and be empanelled as the jurors for the trial.

    (9)     In this section, "the plaintiff" includes the plaintiff's solicitor or counsel and "the defendant" includes the defendant's solicitor or counsel.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback