2003 Minnesota Code
Chapters 524 - 532 Estates of Decedents; Guardianships
Chapter 525 Probate Proceedings
Section 525.013 Jury trials.
525.013 Jury trials.
Subdivision 1. Except as otherwise provided in chapter 487, the laws relating to jury trials in the district court apply to jury trials in a probate court under sections 525.011 to 525.015.
Subd. 2. Repealed, 1977 c 201 s 2
Subd. 2a. Petit jurors for the trial of all types of action shall be selected in the same manner as petit jurors are selected in district court.
Subd. 3. Repealed, 1977 c 201 s 2
Subd. 4. Petit jurors shall be drawn from the list of persons properly qualified. The court administrator of probate court shall issue a venire for the jurors drawn which shall be returnable on such dates and hours as the judge directs. No person shall be drawn as a juror more than once every two years.
Subd. 5. When necessary, the court may issue a special venire.
Subd. 6. Failure to attend as a juror when duly drawn and summoned is punishable as contempt of court.
Subd. 7. Jurors shall be paid by the county in which the court is situated the same compensation and mileage as prescribed by law for jurors in the district court. The court administrator of probate court shall deliver to each juror a certificate showing the number of days of service and the mileage for which the juror is entitled to receive compensation. This certificate shall be filed with the county auditor in which the court is situated and the amount due shall be paid from the treasury of such county. The certificate is a proper and sufficient voucher for the issuance of a warrant. Any juror regularly summoned who actually attends at the time named in such summons is entitled to per diem and mileage whether or not sworn as a juror.
Subd. 8. Whenever a petit jury is desired by a party to a proceeding in probate court under sections 525.011 to 525.015, and such jury is permitted by law, such party shall request such jury, in writing, when the case is set for trial and pay the fees prescribed by chapter 487. The court, by order, may waive the payment of jury fees in a criminal case if it appears that the defendant is unable to make such payment.
HIST: 1959 c 494 s 3; 1977 c 201 s 1; 1979 c 41 s 8,9; 1986 c 444; 1Sp1986 c 3 art 1 s 82
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