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AR 68/83 JURY ACT REGULATION

(Consolidated up to 170/2012)

ALBERTA REGULATION 68/83

Jury Act

JURY ACT REGULATION


1(1)  The judicial districts for the purposes of the Act and this regulation are the judicial districts established under the Court of Queen’s Bench Act.

(2)  The judicial centres for the purposes of the Act and this Regulation are the judicial centres set out in the Alberta Rules of Court (AR 124/2010).

(3)  When the Court is sitting in Hinton, the Court is deemed to be sitting in the judicial centre of Edmonton.

AR 68/83 s1;164/2010;178/2010

2(1)  When a jury is required the clerk shall deliver to the sheriff a certificate in Form A.

(2)  The selection of persons who are to be summoned for a jury panel for the purposes of section 8(2) of the Act may be made from any or all of the following:

                                 (a)    lists of electors, assessment rolls or other public papers obtained from proper officers of municipalities situated within or partly within the judicial district,

                                 (b)    telephone directories for municipalities situated within or partly within the judicial district,

                                 (c)    Henderson’s Directories for municipalities situated within or partly within the judicial district, or

                                 (d)    any other source that the sheriff considers appropriate.

(2.1)  Notwithstanding subsection (2), the selection of a jury panel for a jury of French‑speaking persons may be made from a list, compiled by the sheriff, of French‑speaking persons who have been previously summoned for a jury panel.

(3)  The sheriff shall enter the names of persons summoned for a jury panel on a jury panel list in Form B.

(4)  The summons for the purposes of section 8 of the Act shall be in Form C.

AR 68/83 s2;243/89;251/2001

3   For the purposes of selecting a jury from the jury panel the sheriff shall

                                 (a)    write the name of each person summoned under section 8 of the Act, excluding those persons who are not qualified by reason of section 3 of the Act, excluded by reason of section 4 of the Act or have been exempted under section 5(2) or (3)(a) of the Act, together with the person’s address and occupation, on a card or piece of paper, all of such cards or pieces of paper being of uniform size, and

                                 (b)    put the cards or pieces of paper in a suitable receptacle and mix them thoroughly for the purposes of the selection referred to in section 11(1) of the Act. 

AR 68/83 s3;251/2001

4(1)  The following fees and allowances shall be paid to jurors:

                                 (a)    repealed AR 310/93 s2;

                                 (b)    to a person serving as a juror at a trial, $50 for each day or part of a day on which the person serves;

                                 (c)    to a person summoned for selection as a prospective juror or to a person serving as a juror at a trial

                                           (i)    the actual fare paid in going to or returning from the place of trial or proceedings by railway, bus or other public carrier;

                                          (ii)    if travel by railway, bus or public carrier is inconvenient and the person travels by private automobile, the amount set out in section 15 of the Public Service Subsistence, Travel and Moving Expenses Regulation made under the Public Service Act for each kilometre travelled to and from the place of trial or proceedings;

                                         (iii)    if the person is not resident in the vicinity of the place of trial or proceedings and is required to remain overnight, reasonable accommodation expenses actually incurred in an amount determined by the sheriff;

                                         (iv)    if the person

                                                  (A)    is not resident in the vicinity of the place of trial or proceedings, or

                                                  (B)    is resident in the vicinity of the place of trial or proceedings but is required to go to a restaurant for meals,

reasonable meal expenses actually incurred, in an amount determined by the sheriff.

(2)  A claim for any of the allowances set out in subsection (1)(c) shall be supported by receipts or other proof of expenses incurred.

(3)  If the claim is not supported by receipts or other proof required by subsection (2), it shall be paid in accordance with the Public Service Subsistence, Travel and Moving Expenses Regulation made under the Public Service Act.

(4)  If the Minister of Justice and Solicitor General, the Deputy Minister of Justice and Deputy Attorney General or a person designated by either of them, having regard to the circumstances, is of the opinion that the allowances authorized by subsection (1)(c) are insufficient, he may authorize payment to the claimant of such higher allowance as he considers just.

(5)  In the case of criminal jury proceedings the amount payable under this section shall be paid by the sheriff from money appropriated by the Legislature, and in the case of civil jury proceedings it shall be paid by the clerk from money paid to him under section 18 of the Act.

AR 68/83 s4;124/84;155/87;310/93;206/2001;251/2001;65/2005;
150/2006;170/2012

4.1   The amount that is prescribed for the purposes of section 17(1)(b) and (c) of the Act is

                                 (a)    $10 000 if the action was commenced in the Court before March 1, 2003, and

                                 (b)    $75 000 if the action was commenced in the Court on or after March 1, 2003.

AR 18/2003 s2


5   The Forms Regulation (Alta. Reg. 479/81) is repealed.

AR 68/83 s5

6   This regulation comes into force on the date the Jury Act, chapter J-2.1 of the Statutes of Alberta, 1982 comes into force.

AR 68/83 s6

Schedule   

Form A

Certificate of Clerk

                           
SHERIFF

JUDICIAL DISTRICT OF

                                                 

     I,                                         Clerk of the Court of Queen’s Bench certify that    (number)    prospective jurors will be required for the selection of a Jury at the sittings of the Court of Queen’s Bench commencing                             and direct you to summon a jury panel in accordance with the Jury Act and the regulations under that Act.

Dated this           day of                              20      at                           .

                                                                                                                        

                                                                   CLERK OF THE COURT OF

                                                                                      QUEEN’S BENCH

                                                                            JUDICIAL CENTRE OF

                                                                                                                        

AR 68/83 Sched. Form A;164/2010

Form B

Jury Panel

In the Court of Queen
s Bench

JUDICIAL DISTRICT OF                                                 

List of persons selected to form a Jury
Panel for the sittings of the Court of
Queen’s Bench at                         

Commencing on                                 

NUMBER     NAME IN FULL     ADDRESS      OCCUPATION
                                                                                                                       

I hereby certify that the foregoing list of persons was selected by me pursuant to the Jury Act and the regulations under that Act.

Dated at                              this               day of                       20     .

                                                                                                                        

                                                                                 Sheriff of the Judicial

                                                                                   District of                    

AR 68/83 Sched. Form B

Form C

Juror Summons

                                                                 Date                                              

                                                             JURY MANAGEMENT OFFICE

TO

                                                                                      Telephone               

                                                                                        Fax                         

YOU ARE HEREBY SUMMONED TO ATTEND THE COURT OF QUEEN’S BENCH OF ALBERTA FOR JURY SELECTION AT THE

YOU MUST complete the Juror Certification Return below, and mail or deliver one completed copy within 5 days of receiving this Summons to the Jury Management office named above.

You may not be qualified to serve as a juror, or you may be excluded from serving as a juror, or you may be eligible for exemption from serving as a juror.  If you are eligible to be excused from jury service for any of these reasons, you must also complete the Application to be Excused from Jury Service, which is at the bottom of this page.  The back of this form provides additional information on these matters.  Mail or deliver this summons to the Jury Management office named above within 5 days of receiving it.

An envelope addressed to Jury Management is provided for your convenience.

WARNING: Failure to obey this Summons is an offence punishable by a fine or imprisonment, or both.

                                            Sheriff, Judicial District of                             
                                                                                                                       

JUROR CERTIFICATION RETURN

I certify that I am the person named in this Juror Summons and that the information below is true and correct to the best of my knowledge.

Name in Full (print clearly)

Occupation (previous occupation if retired/unemployed)

Address (complete if different from above)

Employer

                                                        , Alberta

Work Phone No.

Home Phone No.

Postal

Code

Date of

Birth

Male  Female

□       □

 

 

Do you speak, understand and read a language other than English?

       No        Yes, specify

Signature                     Date    

APPLICATION TO BE EXCUSED FROM JURY SERVICE

I,     (Name)   , of     (City, Town)   , in the Province of Alberta, declare that:

select one    □  I am not qualified □  I am excluded  □  I wish to be exempted
                  
to serve as a juror     from serving as a             from serving as a
                   because:                    juror because:     juror because:

                                                                                                                       
                                                                                                                       

Office Use Only

 

  Yes, you are excused from jury service.

I certify the above claim is true.

  No, you are not excused from jury service.

 

                                                   
Sheriff





                                                        

Signature of Applicant/Agent

                                                   
Date

AR 68/83 Sched. Form C;81/93;87/97