SUPREME COURT OF WISCONSIN
___________________________________________________________
In the Matter of the
Amendment of
Rules of Pleading,
Practice and Procedure: ORDER
Wis. Stat.
§ 756.28(2) -- Juror Eligibility No.
95-11
and Service
____________________________________________________________
The court held a public hearing October 11,
1995 on the petition of the Judicial Council of Wisconsin to amend the rule,
Wis. Stat. § 756.28(2), providing for eligibility for juror service to
extend the term of eligibility from two to four years, to change the time for
availability for service from six months to 30 days and to limit actual service
to five days except when necessary to complete a particular case. Following the public hearing, the Judicial
Council expressed its agreement with the recommendation of the Committee of
Chief Judges and District Court Administrators to extend the availability for
service to 31 days. The court has
considered the petition, the material filed in response to the notice of public
hearing and the presentations at the public hearing.
IT IS ORDERED that, effective July 1, 1997,
Wis. Stat. § 756.28(2) is repealed and recreated to read:
756.28(2) GENERAL 4-YEAR ELIGIBILITY. In a county that does not establish a system
under sub. (1), a person may be required to be available for service as a grand
or petit juror only once in any 4-year period.
The period for which any person may be required to be available for
service shall not exceed 31 days, and no person shall be required to serve, or
attend court for prospective service, as a juror for a total of more than 5
days of actual court attendance unless more days are necessary to complete
service in a particular case.
JUDICIAL COUNCIL NOTE, 1995: Subsection
(2) has been revised, effective July 1, 1997, to specify that a person may only
be required to be available for jury service once in any 4-year period. The maximum term of jury availability is
reduced to 31 days, and the maximum number of days of actual court attendance
is limited to five, unless more are necessary to complete a particular
trial. This change is intended to
implement the recommendations of the American Bar Association that such periods
be as short as possible, consistent with the needs of justice.
IT IS FURTHER ORDERED that the Note of the
Judicial Council is not adopted but shall be printed for information
purposes.
IT IS FURTHER ORDERED that notice of this
amendment of the rules of pleading, practice and procedure shall be given by a
single publication of a copy of this order in the official state newspaper and
in an official publication of the State Bar of Wisconsin.
Dated at Madison, Wisconsin, this 29th day
of May, 1996.
BY THE COURT:
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Marilyn L. Graves, Clerk