HOUSE DOCKET, NO. 119        FILED ON: 1/2/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1565

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the examination of jurors..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Notwithstanding the provisions of section twenty-eight of chapter two hundred and thirty-four of the General Laws, in all jury trials, both criminal and civil, there shall be a pilot program in which the following procedures shall govern for two years following the effective date of this act.

(1) In addition to whatever jury voir dire of the jury venire is conducted by the court, and subject to the provisions in subparagraph (3) of this act for the commonwealth in criminal cases involving multiple defendants, the court shall permit, upon the request of any party or his attorney, a minimum of one hour for the party or his attorney to conduct, under the direction of the court, an oral examination of the jury venire.

(2) The court may impose reasonable limitations upon the questions allowed during such examination. Additional time may be granted in the discretion of the court.

(3) In criminal cases involving multiple defendants, the commonwealth shall be entitled to the same amount of time as that to which all defendants together are entitled.

(4) The chief justice for administration and management for the trial court shall establish a procedure to keep, maintain and publish records for the pilot program, including, but not limited to, the number of oral examination requests made pursuant to the provisions of this act and the length of voir dire conducted.