49Balloting for jury in civil proceedings

#### 49 Balloting for jury in civil proceedings 49 Balloting for jury in civil proceedings > > (1) The jury for the trial of any civil proceedings in the Supreme Court or the District Court is to be selected by ballot in open court in accordance with this section whether the jury is to consist of 4 or 12 jurors. > > > (2) At the trial the presiding judge or an officer of the court must— > > > > > (a) place in a box provided for that purpose the cards provided under section 28 (3) in respect of that trial, and > > > > > (b) draw out of that box those cards, one after another, and call out the identification numbers on those cards, until the number of persons required to constitute the jury for the trial appear, and > > > > > (c) call each of those persons to be sworn. > > > (3) If any challenge is made and allowed in respect of any number of those persons, that number of persons must be so drawn and called to be sworn. > > > (4) Such further number of persons as is required is to be so drawn and called to be sworn until all just challenges have been allowed and the number of persons required to constitute the jury for the trial have been sworn. > > > (5) The persons referred to in subsection (4) that have been sworn are to constitute the jury for the trial. > > **s 49:** Subst 1997 No 15, Sch 1 \[12\]. Am 1999 No 39, Sch 3 \[6\].