Jury Act

(1) Where, in any action

either party to the action applies to the Court, not less than two weeks before the time fixed for the trial of the action before a jury, the action shall, subject to subsection (2) and section 3, be tried before a jury, but in no other case shall an action be tried before a jury.

(2) Where, in any action of a class specified in subsection (1), application is made for the trial of that action before a jury and it appears to a judge, either before or after the commencement of the trial, that the trial will involve any prolonged examination of documents or accounts or any scientific investigation that, in the opinion of the judge, cannot conveniently be made by a jury, the judge may direct that the action be tried without a jury or that the jury be dismissed, in which case the action shall be tried or the trial continued, as the case may be, without a jury.

(1) In this section, "cost of the jury" means

(2) Where, in accordance with subsection 2(1), application is made for the trial of an action before a jury, the party making the application shall deposit with the Clerk a sum by way of security for payment of the cost of the jury that to the Clerk appears sufficient under the circumstances.

(3) On the conclusion of the sittings at which the action is tried, the party making the application shall pay to the Clerk any amount by which the cost of the jury exceeds the amount of the security deposited by the party in accordance with subsection (2), and is entitled to have returned to him or her any amount by which the amount of the security deposited exceeds the cost of the jury.

(4) If the party making the application obtains judgment in his or her favour, the party shall, unless the judge otherwise orders, be allowed to and may tax against the unsuccessful party to the action the cost of the jury.

PERSONS QUALIFIED TO SERVE AS JURORS

(1) The Sheriff shall select persons who are apparently qualified to serve as jurors and compile a jury list in accordance with the regulations.

(2) To enable compilation of the jury list, the Director of Medical Insurance appointed under the Medical Care Act shall, on the request of the Sheriff, provide the Sheriff with the names and addresses of those "insured persons", as defined in section 1 of the Medical Care Act, who have attained the age of 18 years. RSNWT 1988,c.63 (Supp.),s.3; SNWT 1999, c.6,s.6(2); SNWT 2006,c.20,s.2; SNWT 2015, c.5,s.3,8(1).

(3) Repealed, SNWT 2015,c.5,s.3.

(1) On receipt of a notice that a jury will be required for the sittings of the Court, the Clerk shall, within a reasonable time before the day fixed for the commencement of the sittings, notify the Sheriff in writing of the place, the date and the time at which a jury panel shall be required to attend, whether the trial will be conducted in English or French and any other relevant information, and shall issue to the Sheriff a precept in the prescribed form.

(2) On receipt of the precept the Sheriff shall select a jury panel in accordance with the regulations and certify the regularity of the selection process. RSNWT 1988,c.63(Supp.),s.5; SNWT 2011,c.16, s.13(4); SNWT 2015,c.5,s.5.

(1) The Sheriff shall summon each person on the jury panel in accordance with the regulations.

(2) The Sheriff shall, in accordance with the regulations, cause a summons to be served on a person on the jury panel by

(3) The Sheriff is not guilty of a breach of duty by reason only that he or she fails to cause a person whose name appears on the jury panel to be served with a summons, if the failure to cause that person to be served is due to a circumstance over which the Sheriff has no control. RSNWT 1988,c.63(Supp.), s.7; SNWT 1995,c.29,s.7; SNWT 1997,c.3, s.3(3); SNWT 1999,c.6,s.6(4); SNWT 2015, c.5,s.8(1).

(1) At any time before the time indicated for appearance on the summons, any person summoned for service as a juror may apply orally or in writing to the Sheriff to be excused from service as a juror.

(2) At any time before the time indicated for appearance on the summons, the Sheriff may excuse from service as a juror any person who the Sheriff is satisfied has good reason to be excused. RSNWT 1988,c.63(Supp.),s.8; SNWT 2015, c.5,s.8(1).

(1) A party to a civil action may, at any time before a person who is selected to serve as a juror is sworn, challenge that person for cause.

(2) Where a challenge is exercised under subsection (1), the judge may, in his or her discretion, allow the challenge or direct that the person challenged be sworn.

(3) Each side prosecuting or defending an action may exercise not more than three peremptory challenges that, when exercised, may not be withdrawn. SNWT 1999,c.6,s.6(6); SNWT 2008, c.8,s.10(3); SNWT 2015,c.5,s.8(1).

(1) Where, during the trial of an action before a jury, it appears to the judge that a view by the jury of any place or any real or personal property in question is necessary or desirable in order that the jury may better understand the evidence, the judge may, at any time before a verdict is returned, order such view by the jury, on terms as to costs that to the judge seem just.

(2) An order made under subsection (1) must contain

SNWT 2015, c.5,s.8(1).

(1) The jury for the trial of an action shall consist of six persons, any five of whom may return a verdict or answer questions submitted to them by the judge.

(2) Where more than one question is submitted to the jury in an action, it is not necessary for the same five jurors to agree on each answer. SNWT 2015,c.5,s.8(1).

(1) No jury shall be kept without food, drink or other reasonable comfort while it is considering its verdict.

(2) Where, during the trial of an action, the judge directs that the jury shall not be allowed to separate, the Sheriff shall provide the food and lodgings that the Sheriff considers proper and the cost of the food and lodgings, as certified by the Sheriff, shall be included as part of the costs of the jury. SNWT 2015,c.5,s.8(1).

(1) Every person who fails to obey a summons served under this Act or who fails to answer to his or her name when called by the Clerk is guilty of an offence and is liable on summary conviction to a fine of not less than $25 and not exceeding $200.

(2) No person is guilty of an offence under subsection (1) unless that person has

SNWT 1995,c.29,s.9; SNWT 1997,c.3,s.3(6); SNWT 2015,c.5,s.8(1).