JURY ACT REGULATION - Alberta

[Pages:8]Province of Alberta

JURY ACT

JURY ACT REGULATION

Alberta Regulation 68/1983

With amendments up to and including Alberta Regulation 218/2022 Current to November 16, 2022

Office Consolidation

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 218/2022) 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 King'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;218/2022

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(4) Repealed AR 42/2021 s2.

AR 68/83 s2;243/89;251/2001;42/2021

Section 3

JURY ACT REGULATION

AR 68/83

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

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Section 4.1

JURY ACT REGULATION

AR 68/83

(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, 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;216/2022

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

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Schedule

JURY ACT REGULATION

Schedule Form A Certificate of Clerk

SHERIFF JUDICIAL DISTRICT OF

AR 68/83

I,

Clerk of the Court of King's Bench

certify that (number) prospective jurors will be required for the

selection of a Jury at the sittings of the Court of King'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 KING'S BENCH

JUDICIAL CENTRE OF

AR 68/83 Sched. Form A;164/2010;218/2022

Form B

Jury Panel

In the Court of King's Bench

JUDICIAL DISTRICT OF

List of persons selected to form a Jury Panel for the sittings of the Court of

King'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 .

4

Schedule

JURY ACT REGULATION

AR 68/83

Sheriff of the Judicial

District of

AR 68/83 Sched. Form B;218/2022

Form C Repealed AR 42/2021 s3.

AR 68/83 Sched. Form C;81/93;87/97;42/2021

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