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AP II, Sec. 30 Duty of jury and officer after submission; causes for discharge of jury; procedu...

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part II. Jury Selection and Management (Refs & Annos)
Administrative Procedures, AP II, Sec. 30
AP II, Sec. 30 Duty of jury and officer after submission; causes for discharge of jury; procedure for rendering verdict
(1) When the case is finally submitted to the jury, they shall retire for deliberation. When they retire, they shall be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court, subject to the Supreme Court rules permitting them to separate temporarily at night and for their meals. The officer having them under his or her charge shall not allow any communications to be made to them, nor make any communications himself or herself to them, except to ask them if they have agreed upon their verdict, unless by order of the court; and the officer shall not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon.
(2) (a) The jury may be discharged by the court on account of the sickness of a juror, or other accident, calamity or circumstances requiring their discharge; or, by consent of both parties; or, after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.
(b) Cases in which the jury is discharged without making a verdict shall be tried again at such time as the court may direct.
(3) The procedure for rendering the verdict shall be:
(a) When the jurors have agreed on their verdict, the verdict shall be written and signed by the foreperson.
(b) When a verdict is rendered by less than the whole jury, it shall be signed by all the jurors who agree to it.
(c) The foreperson shall hand the verdict to the judge who shall read the verdict and then make inquiry of the jury as to whether it is their verdict.
(d) When the verdict is announced either party may require that the jury be polled, which is done by the judge asking each juror if it is his or her verdict.
(e) If more than the number of jurors required by Section 25 answers in the negative, the jury must be sent out for further deliberation.
(f) If no disagreement is expressed or, in an appropriate case, an insufficient number disagree, the verdict is complete and the jury shall be discharged from the case.

Credits

HISTORY: Amended and renumbered by Order 2017-04, eff. 10-1-17; adopted by Order 91-2, eff. 11-15-91
<Research Note>
Note: The administrative procedures which follow were approved by the Supreme Court by Order entered November 4, 1977, to have the same effect as if issued by rule of the Supreme Court.
Administrative Procedures, AP II, Sec. 30, KY ST ADMIN P AP II, Sec. 30
Current with amendments received through January 15, 2020.
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