2005 Minnesota Statutes

     525.013 Jury trials. 

    Subdivision 1.    Applicable laws.  Except as otherwise provided 
 in chapter 
 487, the laws relating to jury trials in the district court 
 apply to jury trials in a probate court under sections 525.011 
 to 525.015. 

    Subd. 2.  Repealed, 1977 c 201 s 2 

    Subd. 2a.    Selection of jurors.  Petit jurors for the trial of 
 all types of 
 action shall be selected in the same manner as petit jurors are 
 selected in district court. 

    Subd. 3.  Repealed, 1977 c 201 s 2 

    Subd. 4.    List; venire.  Petit jurors shall be drawn from the 
 list of 
 persons properly qualified.  The court administrator of probate 
 court shall issue a venire for the jurors drawn which shall be 
 returnable on such dates and hours as the judge directs.  No 
 person shall be drawn as a juror more than once every two years. 

    Subd. 5.    Special venire.  When necessary, the court may issue 
 a special 
 venire. 

    Subd. 6.    Contempt of court.  Failure to attend as a juror 
 when duly drawn and 
 summoned is punishable as contempt of court. 

    Subd. 7.    Juror pay.  Jurors shall be paid by the county in 
 which the 
 court is situated the same compensation and mileage as 
 prescribed by law for jurors in the district court.  The court 
 administrator of probate court shall deliver to each juror a 
 certificate showing the number of days of service and the 
 mileage for which the juror is entitled to receive 
 compensation.  This certificate shall be filed with the county 
 auditor in which the court is situated and the amount due shall 
 be paid from the treasury of such county.  The certificate is a 
 proper and sufficient voucher for the issuance of a warrant.  
 Any juror regularly summoned who actually attends at the time 
 named in such summons is entitled to per diem and mileage 
 whether or not sworn as a juror. 

    Subd. 8.    Request for jury.  Whenever a petit jury is desired 
 by a party to a 
 proceeding in probate court under sections 525.011 to 525.015, 
 and such jury is permitted by law, such party shall request such 
 jury, in writing, when the case is set for trial and pay the 
 fees prescribed by chapter 487.  The court, by order, may waive 
 the payment of jury fees in a criminal case if it appears that 
 the defendant is unable to make such payment. 

    HIST: 1959 c 494 s 3; 1977 c 201 s 1; 1979 c 41 s 8,9; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82