Section 360.15. Trial jury; challenge to the panel  


Latest version.
  • 1.   A challenge to the panel is an objection made to the entire panel
      of prospective trial jurors returned for the trial of the action and may
      be taken to such panel or to any additional panel that may be ordered by
      the court.  Such a challenge may be made only by the defendant and  only
      on the ground that there has been such a departure from the requirements
      of  the  appropriate  law  in  the  drawing or return of the panel as to
      result in substantial prejudice to the defendant.
        2.  A challenge to the panel must be made before the selection of  the
      jury commences, and, if it is not, such challenge is deemed to have been
      waived.   Such challenge must be made in writing setting forth the facts
      constituting the ground of challenge.  If such facts are denied  by  the
      people,  witnesses  may  be  called  and examined by either party.   All
      issues of fact and questions of law arising on  the  challenge  must  be
      tried  and  determined  by  the  court.   If a challenge to the panel is
      allowed, the court must discharge that panel and  order  the  return  of
      another panel of prospective trial jurors.