4(1)A person who is not qualified under section 2 or ineligible under section 3 may be challenged and if successfully challenged shall not serve on a jury.

4(2)Despite subsection (1), if a person who is not qualified under section 2 or ineligible under section 3 is sworn or affirmed as a juror without being challenged, he or she shall be conclusively deemed to be qualified and eligible to serve as a juror.

6(1)Paragraph 5(d) does not apply to a person who suffers from a physical infirmity and wishes to serve as a juror who

6(2)A person giving assistance under paragraph (1)(b) may, as directed by the presiding judge, attend with and assist the juror in all the proceedings, including the deliberations of the jury.

6(3)A person giving assistance under paragraph (1)(b) shall not comment on the proceedings and shall take part in the proceedings only by assisting the juror as the presiding judge directs.

7(1)When a jury is required, the clerk shall immediately direct the sheriff to summon a sufficient number of persons from which the jury is to be selected.

7(2)Subject to subsection (3), the persons to be summoned may be selected

7(3)The persons to be summoned may be selected under subsection (2) from the names of persons on the list who are apparently resident in a judicial district or a distinct part of it other than the judicial district or the distinct part in which the proceeding is to be conducted if

7(4)Any person who has the control or custody of a list referred to in subsection (2) shall make the list or a copy of it available to the Chief Sheriff at all reasonable times, and if the list is in the form of a computer database, the person shall permit the Chief Sheriff to access the database at all reasonable times.

7(5)The Chief Sheriff shall provide the information from a list referred to in subsection (2) to the sheriff for the purposes of the selection under subsection (2).

8(1)Within a reasonable time before the day on which a person is to attend the hearing of a proceeding, the sheriff shall serve a summons, in the form prescribed by regulation, to each person selected under subsection 7(2)

8(2)A person summoned under subsection (1) shall complete a juror’s certificate, in the form prescribed by regulation, and return it to the sheriff in the manner and at the time provided for by regulation.

8(3)A person may make an application to the sheriff, in the form prescribed by regulation, to be relieved from serving as a juror and shall return it to the sheriff in the manner and at the time provided for by regulation.

8(4)If the sheriff is satisfied that a person is not qualified under section 2, ineligible under section 3 or eligible for exemption under section 5, the sheriff shall grant the person relief from serving as a juror.

8(5)If the sheriff refuses to grant relief under subsection (4), the person may

8(6)If an appeal under paragraph (5)(a) is successful, the clerk shall inform the sheriff that the person is relieved from serving as a juror.

8(7)Except as otherwise provided by an Act of Canada, no challenge shall be made to the selection of a jury panel in a criminal proceeding on the ground that the person selecting the jury panel is related to a party to the proceeding, and the jury panel shall not be quashed on this ground.

9(1)The sheriff shall prepare or cause to be prepared a jury panel list, in the form prescribed by regulation, of the persons who have been summoned and shall deliver a copy of the list to the clerk.

9(2)In preparing the jury panel list, the sheriff shall endeavour to omit or remove the names of persons who, in the opinion of the sheriff, are

9(3)On payment of the fee prescribed by regulation, a party to a civil proceeding may receive a copy of the jury panel list.

9(4)A party to a criminal proceeding may receive a copy of the jury panel list without charge.

9(5)No person other than a party to a proceeding shall use the jury panel list.

9(6)No party to a proceeding shall use the jury panel list except for the purposes of the proceeding.

10(1)A party to a civil proceeding may challenge the selection of the jury panel on the ground that the sheriff exercised partiality or was fraudulent with respect to or wilfully misconducted the selection or summoning of the jury panel.

10(2)The presiding judge may require that a challenge under subsection (1) be made in writing.

10(3)The presiding judge shall determine whether or not the ground of the challenge is true and, if satisfied that it is true, shall direct that a new jury panel be summoned.

10(4)No challenge shall be made to the selection of a jury panel in a civil proceeding on the ground that the person selecting the jury panel is related to a party to the proceeding, and the jury panel shall not be quashed on this ground.

10(5)The insertion of the name of an unqualified person in a jury panel or any error in description is not a ground for challenge to a jury panel.

13(1)When the jury panel is not challenged or the jury panel is challenged but the judge does not direct a new jury panel to be summoned, the clerk shall select at random one at a time, in accordance with the regulations, from the remaining names on the jury panel list a sufficient number of names to provide a full jury, after allowing for challenges.

13(2)After each name is selected, a party to the civil proceeding may challenge the selection in accordance with the provisions of this Act.

13(3)The presiding judge may require that a challenge under subsection (2) be made in writing.

13(4)The presiding judge shall determine whether or not the ground of the challenge is true and, if satisfied that it is true, shall direct that the person be discharged.

13(5)The clerk shall swear or take an affirmation from each member of a jury.

13(6)If the number of persons on the jury panel who are in attendance is insufficient or is so reduced by exemptions, challenges or persons who are not qualified under section 2 or ineligible under section 3 as to be insufficient to select a full jury, additional persons shall be summoned immediately to be included on the jury panel.

13(7)If it is considered necessary by the sheriff, persons may be summoned under subsection (6) by word of mouth.

13(8)If at any time it appears to the presiding judge that the persons forming the jury panel will not all be required, he or she may discharge any or all of the persons he or she considers unnecessary.

16(1)In a civil proceeding, unless peremptory challenge is allowed, the plaintiff and the defendant, and the third party if there is one, each have the right to challenge peremptorily three of the jurors as they are selected, which shall be admitted by the presiding judge.

16(2)Subsection (1) does not

17(1)The jury may retire to some comfortable place under the direction of the presiding judge to consider their verdict or an answer to any question submitted by the presiding judge.

17(2)The former practice of keeping a jury without food, drink or any other comfort until they agree on their verdict is abolished.

18(1)If in a civil proceeding the jurors cannot agree in all respects on a verdict within three hours, at least five of the jurors may return a verdict with respect to the proceeding or to any issue of fact in the proceeding, and the verdict or finding of fact is as binding and of the same effect as if it was the unanimous decision of the entire jury.

18(2)The presiding judge shall direct the jury as to the provisions of subsection (1) before the jury retires for the first time to consider their verdict.

18(3)The provisions of this section also apply when the presiding judge submits a question to the jury.

19(1)If the presiding judge considers that it is necessary, he or she may order the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the proceeding.

19(2)If the presiding judge orders a view under subsection (1), he or she shall give any directions that he or she considers necessary to prevent undue communication by any person with the jurors, but failure to comply with any directions given under this subsection does not affect the validity of the proceeding.

19(3)The presiding judge may make any order respecting costs of the view that he or she considers appropriate, but the costs of the view shall not be taxed except by order of the presiding judge.

20(1)When a jury is required for an inquisition before a sheriff or other officer, except in the case of a coroner’s inquest, the sheriff or, if the sheriff is related to any of the parties or is otherwise interested, any other sheriff

20(2)The jurors shall be summoned in like manner, as far as possible, as jurors in other cases and are liable to the same penalties and entitled to the same fees, allowances, expenses and immunities as in other cases.

21(1)Any party in a civil proceeding pending in The Court of King’s Bench of New Brunswick, which proceeding permits or requires that it be tried by a jury under the Judicature Act or the Rules of Court, may have the proceeding tried by a jury in accordance with that Act or the Rules of Court.

21(2)Except as may be otherwise provided in this Act, the provisions of this Act relating to the arrangement for and the conduct of jury trials in other cases apply to civil proceedings as are envisaged by subsection (1).

23(1)Following the completion of a jury trial, the clerk shall without delay prepare a list, certified by the clerk, showing the names of the jurors who attended the hearing of the trial, the number of days each juror attended, the distance each juror travelled and the amount each juror is entitled to receive.

23(2)The clerk shall without delay deliver the list to the Minister of Finance and Treasury Board.

23(3)On receiving the list, the Minister of Finance and Treasury Board shall without delay pay to each juror the sum to which the juror appears to be entitled by the list, out of the Consolidated Fund.

23(4)Nothing in this Act precludes payment to a juror of a sum to which the juror appears to be entitled during the course of a jury trial that extends for more than five sitting days, and in the event that a juror is to be so paid, the provisions of subsections (1) and (2) apply with the necessary modifications.

24(1)The Chief Sheriff may designate in writing any person to act on the Chief Sheriff’s behalf for the purposes of this Act and the regulations.

24(2)A sheriff may designate in writing any person to act on the sheriff’s behalf for the purposes of this Act and the regulations.

24(3)A written designation under subsection (1) or (2) is effective for the period stated in the designation unless revoked by the Chief Sheriff or sheriff, as the case may be, before the expiration of the period, and when no period is stated the written designation is effective until revoked by the Chief Sheriff or sheriff, as the case may be, or the person ceases to be employed in the position that the person held at the time of the designation.

24(4)Proof of the making of a written designation under subsection (1) or (2) may be made by a certificate purporting to be signed by the Chief Sheriff or sheriff, as the case may be, naming the person designated in the designation and the period of time, if any, for which the designation is effective.

24(5)A document that purports to be a certificate of the Chief Sheriff or sheriff, as the case may be, under subsection (4) may be adduced in evidence and when so adduced is, in the absence of evidence to the contrary, proof of the statements in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.

26(1)A person summoned to serve as a juror who fails to obey the summons or a juror who fails to attend the hearing of a proceeding and does not show reasonable excuse for the failure to the presiding judge is in contempt of court, and the presiding judge may impose a fine not exceeding $1,000 or any other penalty that a judge of the Court may impose in contempt proceedings.

26(2)Before being found in contempt of court under subsection (1), a person who failed to obey the summons or a juror who failed to attend the hearing of a proceeding shall be summoned to appear before the presiding judge to explain the failure.

27(1)If a person on whom a fine is imposed under section 26 does not pay the fine within 30 days after the imposition of the fine, the clerk shall enter judgment against the person for the amount of the fine.

27(2)A judgment entered under subsection (1) may be enforced against the person for a debt of the amount specified in the judgment.

28(1)The clerk may issue a notice of judgment and cause the notice to be registered with the registrar of deeds for the county or counties in which the person on whom a fine was imposed under section 26 owns real property.

28(2)When registered with the registrar of deeds, the notice of judgment constitutes a lien for the amount of the fine under section 26 against all the real property of the person that is located in the county or counties in which the notice of judgment was filed.

28(3)A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.

29(1)The clerk may issue a notice of judgment and cause the notice to be registered in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

29(2)When registered in the Personal Property Registry, the notice of judgment constitutes a lien for the amount of the fine under section 26 against all the personal property of the person on whom the fine was imposed.

29(3)A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.

30(1)No person shall knowingly

30(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

32(1)The following persons shall not, at any time during the period after the jury panel has been drawn until the trial has been terminated, knowingly, directly or indirectly, speak to, correspond with or in any manner communicate with any member of the jury panel, except as provided in Part XX of the Criminal Code (Canada):

32(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.

33(1)A member of a jury panel or a juror shall not, at any time during the period after the jury panel has been drawn until the trial has been terminated, speak to or consult with the following persons respecting a proceeding for which the member or juror was summoned, or any matter or thing relating to the proceeding, except as provided for in Part XX of the Criminal Code (Canada):

33(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.