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This entry was published on 2019-10-25
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SECTION 517
Excuses and postponements
Judiciary (JUD) CHAPTER 30, ARTICLE 16
§ 517. Excuses and postponements. (a) (1) Except as otherwise provided
in paragraph two of this subdivision, the commissioner of jurors may, in
his or her discretion, on the application of a prospective juror who has
been summoned to attend, excuse such prospective juror from a part or
the whole of the time of jury service or may postpone the time of jury
service to a later day during the same or any subsequent term of the
court, provided that if the prospective juror is a breastfeeding mother
and submits with her application a note from a physician indicating that
the prospective juror is breastfeeding, the commissioner shall excuse
the prospective juror or postpone the time of jury service. The
application shall be presented to the commissioner at such time and in
such manner as he or she shall require, except that an application for
postponement of the initial date for jury service may be made by
telephone.

(2) An application for postponement of jury service shall be granted
hereunder provided: (i) such service has not already been postponed or
excused, (ii) the application is made at such time and in such manner as
the commissioner of jurors requires, and (iii) the postponement is to a
date certain when the court is in session not more than six months after
the date on which such service otherwise is to commence and such date is
selected by the prospective juror, provided that if the prospective
juror is a breastfeeding mother, the postponement date may be a date
certain up to two years after the date on which such service otherwise
is to commence.

(b) A person whose application has been denied by the commissioner, or
who has not applied to the commissioner for an excuse or postponement,
may apply to the trial court, or to the court having supervision of the
grand jury, as the case may be, which may, in its discretion, excuse
such person from a part or the whole of the time of jury service, or may
postpone the time of jury service to a later day during the same or any
subsequent term of the court. If the applicant cannot personally attend,
he or she shall send the summons and application by a person capable of
making the necessary proof in relation to the application.

(c) In determining whether an application for excusal should be
granted, the commissioner or the court shall consider whether the
applicant has a mental or physical condition that causes him or her to
be incapable of performing jury service or there is any other fact
indicates that attendance for jury service in accordance with the
summons would cause undue hardship or extreme inconvenience to the
applicant, a person under his or her care or supervision, or the public.
Except as provided in paragraph two of subdivision (a) of this section,
in determining whether an application for postponement should be
granted, the commissioner or the court shall be guided by standards
promulgated by the chief administrator of the courts.