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Statutes of Newfoundland 1999


CHAPTER 13

AN ACT TO AMEND THE JURY ACT, 1991

(Assented to May 27, 1999)

Analysis

1. S.24 Amdt
Selection of jury

2. Ss.31.1 & 31.2 Added
31.1 Jury in civil cause
or issue
31.2 Death or incapacity of
juror in civil cause
or issue

3. S.35 Rep.
Verdict

4. S.36 R&S
Judge may direct trial without jury

 

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SN1991 c16
as amended

1. Subsection 24(2) of the Jury Act, 1991 is amended by deleting the number "9" and substituting the number "6".

2. The Act is amended by adding immediately after section 31 the following:

Jury in civil cause or issue

31.1 (1) In a civil cause or issue a jury consists of 6 jurors as selected under section 24 and

(a) any 5 jurors may return a verdict or answer a question put to the jury by the judge; and

(b) a verdict or answer given by 5 jurors has the same effect as a verdict or answer given by 6 jurors.

(2) Notwithstanding paragraph (1)(a), 5 jurors in a civil cause or issue may return a verdict if the jury cannot agree upon an unanimous verdict after 3 hours of deliberation.

Death or incapacity of juror in civil cause or issue

31.2 Where one juror dies or becomes unable, in the opinion of the judge presiding at the trial of a civil cause or issue, to continue to serve as a juror for any reason, the presiding judge may direct that the trial proceed without that juror and a verdict or answer may be given by the remaining jurors, as long as they are unanimous.

3. Section 35 of the Act is repealed.

4. Section 36 of the Act is repealed and the following substituted:

Judge may direct trial without jury

36. Where it appears to a judge in chambers or a judge presiding at a trial that an issue of fact should be tried or damages assessed without a jury, the judge may, in his or her discretion or upon application by a party, direct that the issue be tried or damages assessed without a jury.

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