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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 17/96

Jury Regulations
under the
Jury Act, 1991
(O.C. 96-139)

Amended by:

12/96

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 17/96

Jury Regulations
under the
Jury Act, 1991
(O.C. 96-139)

Under the authority of section 44 of the Jury Act, 1991 and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Jury Regulations.

209/91 s1

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Order

        2. Where a single jury list is required for the trial of a criminal matter or a civil cause, the clerk of the court shall deliver to the sheriff or the sub-sheriff an order stating the style of cause, the date and time of commencement of the trial and the number of panels of prospective jurors required.

209/91 s2

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Jury panel list

        3. The sheriff or the sub-sheriff shall enter the names of all persons summonsed for a jury panel on a jury panel list.

209/91 s3

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Summons

        4. For the purpose of section 22 of the Act, each person selected for the jury panel shall be served with a summons.

209/91 s4

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Remuneration of enumerators

        5. Enumerators employed in the preparation of jury lists under the Act shall be paid out of the Consolidated Revenue Fund the sum of $0.60 for each name entered on the jury list and a typing fee of $0.07 for each name entered on the jury list.

209/91 s5

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Compensation of jurors

        6. (1) A person serving as a juror at a trial shall be paid the following fees and allowances:

             (a)  Rep. by 12/96 s1

             (b)  upon production of receipts satisfactory to the sheriff or sub-sheriff, the actual fare paid in travelling to and from the place of the trial from the juror's home;

             (c)  where the juror travels to and from the place of the trial by private automobile, the juror shall be paid

                      (i)  mileage at the rate payable to a person employed as a public servant by the province travelling on government business, and

                     (ii)  Rep. by 12/96 s1

             (d)  where a juror ordinarily has the care of a child or children under the age of 12 or the care of an aged, infirm or mentally incompetent person, the juror shall be paid, upon production of receipts to the satisfaction of the sheriff or sub-sheriff, the lesser of

                      (i)  the amount of expenses actually incurred in respect of that care, or

                     (ii)  the prevailing minimum wage rate of the province multiplied by the number of hours of jury service,

except in the case where expenses in respect of that care would ordinarily be incurred by the juror;

             (e)  notwithstanding paragraph (d), where the sheriff is satisfied that

                      (i)  the amounts to be paid under paragraph (d) would not adequately compensate the juror for the expenses incurred in respect of the care contemplated by that paragraph, and

                     (ii)  that the juror will suffer undue hardships as a result,

the sheriff may authorize the payment to the juror of a higher amount that the sheriff considers just.

             (2)  In the case of civil jury proceedings, the amounts payable under subsection (1) shall be paid by the sheriff or sub-sheriff from money received under section 21 of the Act.

             (3)  In the case of criminal jury proceedings, the amounts payable under subsection (1) shall be paid by the sheriff or sub-sheriff from money appropriated by the legislature for that purpose.

209/91 s6; 12/96 s1

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Repeal

        7. The Jury Regulations, 1991 , Newfoundland Regulation 209/91, are repealed.