78B-1-113 - Jury not selected in conformity with chapter -- Procedure to challenge -- Relief available -- Exclusive remedy. - Utah Statutes

78B-1-113. Jury not selected in conformity with chapter -- Procedure to challenge-- Relief available -- Exclusive remedy.
(1) Within seven days after the moving party discovered, or by the exercise of diligencecould have discovered the grounds therefore, and in any event before the trial jury is sworn to trythe case, a party may move to stay the proceedings or to quash an indictment, or for otherappropriate relief, on the ground of substantial failure to comply with this act in selecting a grandor trial jury.
(2) Upon motion filed under this section containing a sworn statement of acts which iftrue would constitute a substantial failure to comply with this act, the moving party may presenttestimony of the county clerk, the clerk of the court, any relevant records and papers not publicor otherwise available used by the jury commission or the clerk, and any other relevant evidence. If the court determines that in selecting either a grand or a trial jury there has been a substantialfailure to comply with this act and it appears that actual and substantial injustice and prejudicehas resulted or will result to a party in consequence of the failure, the court shall stay theproceedings pending the selection of the jury in conformity with this act, quash an indictment, orgrant other appropriate relief.
(3) The procedures prescribed by this section are the exclusive means by which a personaccused of a crime, the state, or a party in a civil case may challenge a jury on the ground that thejury was not selected in conformity with this act.

Renumbered and Amended by Chapter 3, 2008 General Session