494.465. Challenge of jury on grounds that it was not selected in conformity with sections 494.400 to 494.505. - Missouri Statutes

Challenge of jury on grounds that it was not selected in conformitywith sections 494.400 to 494.505.

494.465. 1. A party may move to stay the proceedings or forother appropriate relief including, in a criminal case, to quashthe indictment if there has been a substantial failure to complywith the declared policy of sections 494.400 to 494.505 inselecting a grand jury, on the ground of substantial failure tocomply with the provisions of sections 494.400 to 494.505. Suchmotion may be made at any time before the petit jury is sworn totry the case or within fourteen days after the moving partydiscovers or by the exercise of reasonable diligence could havediscovered the grounds therefor, whichever occurs later.

2. Upon motion filed under subsection 1 of this sectioncontaining a sworn statement of facts which, if true, wouldconstitute a substantial failure to comply with sections 494.400to 494.505, the moving party is entitled to present in support ofthe motion the testimony of any competent witness or any relevantrecords and papers not public or otherwise available used by theboard of jury commissioners and any other relevant evidence. Ifthe court determines that in selecting either a grand jury or apetit jury there has been substantial failure to comply with thedeclared policy of sections 494.400 to 494.505, the court shallstay the proceedings pending the selection of the jury inconformity with the declared policy or grant other appropriaterelief.

3. The procedures prescribed by this section are theexclusive means by which a party in a case may challenge a juryon the ground that the jury was not selected in conformity tosections 494.400 to 494.505.

(L. 1989 S.B. 127, et al.)