Section 635. Exhaustion of the Jury Panel

When a sufficient number of qualified jurors are not present to permit selection of a jury, the court shall:

(1) Require the officials designated by law to summon prospective jurors to summon and return immediately from the county at large as many qualified and competent persons as shall be necessary; or

(2) Order in writing that the officials designated by law to summon prospective jurors produce the jury wheel or master list in open court in the presence of the judge, and draw therefrom five names for each juror required. A venire shall then be issued requiring that those persons so drawn be brought into court at a time certain.

Comment

While this rule continues to require a written order, the form of the order was deleted in 1985 because it is no longer necessary to control the specific form of order by rule.

See also Sections 4524, 4525, 4531, and 4532 of the Judicial Code, 42 Pa.C.S. § § 4524, 4525, 4531, 4532, with regard to juror selection and summoning.

Section 4584 of the Judicial Code, 42 Pa.C.S. § 4584, prescribes the penalty when a person summoned refuses to serve.

Official Note

Rule 1109 adopted January 24, 1968, effective August 1, 1968; Comment revised January 28, 1983, effective July 1, 1983; amended November 9, 1984, effective January 2, 1985; renumbered Rule 635 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).