Jury selection is the procedure whereby persons from the community are called to court, questioned by the litigants as to their qualifications to serve as a juror and then either selected to or rejected to serve as a juror. Jurors are randomly selected by the County computer system from a source consisting of the current voter registration list from all the precincts in the county and residents of the county that are holders of a valid Nevada driver’s license
Every qualified elector of the State, whether registered or not, who has sufficient knowledge of the English language, and who has not been convicted of treason, a felony, or other infamous crime, and who is not rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides. A person who has been convicted of a felony is not a qualified juror of the county in which he resides until his civil right to serve as a juror has been restored pursuant to NRS 176A.850; , 179.285; , 213.090; , 213.155; or 213.157.[i]
Although, every person chosen to serve as juror is obliged to serve so, there are certain grounds for excusing jurors. The court may at any time temporarily excuse any juror on account of:
- Sickness or physical disability;
- Serious illness or death of a member of his immediate family;
- Undue hardship or extreme inconvenience; or
- Public necessity; or
- Being primary caregiver of another person who has a documented medical condition, which requires the assistance of another person at all times.
Further, the court shall permanently excuse any person from service as a juror if he is incapable, because of a permanent physical or mental disability, of rendering satisfactory service as a juror. The court may require the prospective juror to submit a physician’s certificate concerning the nature and extent of the disability and the certifying physician may be required to testify concerning the disability when the court so directs.[ii]
The court shall conduct the examination of prospective jurors and shall permit such supplemental examination by counsel, as it deems proper. The court may direct that alternate jurors, in addition to the regular jury may be called and impaneled to sit. Alternate jurors shall replace jurors who retires to consider its verdict, or are found to be disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law for every two alternate jurors that are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.
If a jury commissioner is so selected, he shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not[iii].
The names so selected shall at the same time be written on separate slips of paper and deposited in a box, to be provided and kept for that purpose and known as the jury box. The box, when not in use as herein provided, shall be kept securely locked by the county clerk.[iv]
Any person summoned to serve as a juror, who fails to attend and serve as a juror, shall, unless excused by the court, be ordered by the court to appear and show cause for his failure to attend and serve as a juror. If he fails to show cause, he is in contempt and shall be fined not more than $500.[v]
When a juror drawn is not summoned or fails to appear, or is excused by the judge from serving, his name shall be returned to the box to be drawn again. The board of county commissioners shall not select the name of any person whose name was selected the previous year unless there be not enough other suitable jurors in the county to do the required jury duty.[vi]
[i] Nev. Rev. Stat. Ann. § 6.010
[ii] Nev. Rev. Stat. Ann. § 6.030
[iii] N.R.C.P. 47
[iv] Nev. Rev. Stat. Ann. § 6.060
[v] Nev. Rev. Stat. Ann. § 6.040
[vi] Nev. Rev. Stat. Ann. § 6.070