Assigned to JUD                                                                                                                                                                                                   AS PASSED BY COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2185

 

civil juries; size; concurrence

Purpose

                      An emergency measure that allows, until January 1, 2023, the superior court presiding judge to order that a civil jury trial consist of six jurors, rather than eight jurors.

Background

Statute requires that a jury for trial in any court of record of a civil case consist of eight persons, and that a minimum of all but two jurors concur to render a verdict (A.R.S.   21-102). The Arizona Constitution requires each county to have a presiding judge of the superior court. In each county in which there are two or more judges, the Arizona Supreme Court must appoint one of such judges as the presiding judge. Presiding judges exercise administrative supervision over the superior court and judges in their counties and execute other duties as specified by the Arizona Supreme Court (Ariz. Const. art. 6   11).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.    Allows, until January 1, 2023, the superior court presiding judge in a county to order that:

a)   a jury for a trial in any court of record of a civil case consists of six persons, rather than eight persons; and

b)   the concurrence of all but one person, rather than two persons, is necessary to render a verdict in a trial with six jurors.

2.   Requires, effective January 1, 2023:

a)   a jury for a trial in any court of record of a civil case to consists of eight persons; and

b)   the concurrence of all but two persons is necessary to render a verdict.

3. Stipulates that, until January 1, 2023, if a superior court presiding judge in a county does not order that a civil jury consist of six persons, the jury will continue to consist of eight persons and the concurrence of all but two jurors is necessary to render a verdict.

 

4.    Becomes effective on signature of the Governor, if the emergency clause is enacted.

 

Amendments Adopted by Committee

  Stipulates that, until January 1, 2023, if a superior court presiding judge in a county does not order that a civil jury consists of six persons, the jury will continue to consist of eight persons and the concurrence of all but two jurors is necessary to render a verdict.

House Action                                                                                                                     Senate Action

JUD                                 2/3/21               DPA             10-0-0-0                   JUD                                 3/4/21               DPA             8-0-0

3^rd Read                   2/11/21                                         59-0-1

Prepared by Senate Research

March 5, 2021

JA/RC/gs/kja