Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

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Be able to read and write; not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court; and. not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony.

Jury composition. eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.

No one is exempt from jury duty; however, you may request to be excused from jury duty for the following reasons: 1) A person who is over 70 years of age; 2) A person who has served as a justice court juror in the past two years; 3) A person who is caring full time for either (I) children under 10 years of age, or (II) ...

[Trial by jury.] In capital cases the right of trial by jury shall remain inviolate. In capital cases the jury shall consist of twelve persons, and in all other felony cases, the jury shall consist of no fewer than eight persons.

If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.

(2) A person who has been convicted of a felony which has not been expunged is not competent to serve as a juror. (3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service.

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Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury