Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 29A, where an issue in a civil trial is to be tried or damages are to
be assessed by a jury, the jury shall be chosen in the manner prescribed by
this section.
(2A) At a time and
place which the summoning officer shall appoint for the striking of the jury,
he shall in the presence of the parties and of their respective solicitors if
they choose to attend and if not, then in their absence, cause the box marked
“Jurors in Use” to be agitated, or to be rotated sufficiently to
intermix the tickets in the box, and shall draw out of the box one after
another as many tickets as are required.
(2B) The numbers so
required shall be ascertained by adding to 20 so many more as will enable each
separate party to object to 6 names.
(2C) Persons joining
in claim, defence, or counter claim, shall be regarded as forming one party;
and a person who is introduced under third party procedure and who disputes
the plaintiffs claim shall be regarded as separate from the other parties, but
if 2 or more persons so introduced join in defence they shall be regarded as
collectively forming a separate party.
(2D) The summoning
officer upon drawing the tickets out of the box shall prepare a list of the
names corresponding with the numbers set against the names in the
jurors’ book and shall hand a copy of such list to each party.
(2E) Each separate
party may object to 6 names on the list and shall object by making a note in
writing of the names to which he objects and shall hand the note to the
summoning officer.
(2F) Where any party
does not appear either in person or by his solicitor, the list of jurors may
be reduced on his behalf by the summoning officer.
(2G) The summoning
officer without disclosing to any other party the names so objected to, shall
strike out those names from the list, and out of the residue the summoning
officer shall summon 6 jurors and no more, and shall not disclose to any of
the parties the names of the persons summoned or to be summoned.
(2H) If a juror so
summoned cannot be served or is excused from the summons under Part VC
Division 2, the summoning officer may if any names not objected to remain on
the list, summon another juror whose name remains on the list to serve instead
of the juror who cannot be served or who has been excused, and the juror so
substituted shall be bound to attend pursuant to summons notwithstanding that
the summons was not served on him within the prescribed time.
(3) The summoning
officer —
(a)
shall restore to the box marked “Jurors in Use” all of the tickets
the numbers of which are set against the names of the jurors who have been
objected to, and against the names of those who are not summoned;
(b)
shall place the residue of the tickets in the box marked “Jurors in
Reserve” there to remain until all of the tickets in the box marked
“Jurors in Use” have been drawn out in which case the summoning
officer shall transfer the tickets then in the box marked “Jurors in
Reserve” to the box marked “Jurors in Use”, or until the
tickets are required to be used afresh in connection with a new jurors’
book.
(4) On the day
appointed for the trial the summoning officer shall deliver to the proper
officer the list of jurors summoned and not excused and the proper officer
shall call the jurors one by one from the list and the jurors so called on
being duly sworn shall be the jury.
[Section 29 amended: No. 44 of 1973 s. 17; No. 6
of 1981 s. 17; No. 59 of 1984 s. 15; No. 13 of 1988 s. 4; No. 19 of 2010
s. 51; No. 13 of 2011 s. 19.]