MEMO
TO: Joint Procedure Committee
FROM: Andy Forward
DATE: December 30, 2009
RE: Rule 47, N.D.R.Civ.P., Jurors
At its September meeting, the Committee considered replacing the term “venire” with
“panel.” The Committee instructed staff to research the terms “venire” and “panel” to see
if there is a substantive difference between the two terms. After doing some research, staff
was unable to find whether there is a substantive difference between the two terms.
Staff researched other states’ rules on jurors and was unable to find a rule that used
the terms “venire” and “panel.” Many states use the term “prospective jurors,” which is also
used in Rule 47 on lines 14, 18, 20. The term “venire” is used three times in Rule 47, on
lines 13, 14, and 16. The term “venire” is also used in N.D.R.Crim.P. 24. If the term
“venire” is replaced with another term in Rule 47, N.D.R.Crim.P. 24 may also have to be
amended to maintain consistency.
Below are definitions from Black’s Law Dictionary.
Venire. “A panel of persons who have been selected for jury duty and from among
whom the jurors are to be chosen.” Black’s Law Dictionary 1553 (7th ed. 1999).
Panel. 1. “A list of persons summoned as potential jurors.” 2. “A group of persons
selected for jury duty; VENIRE.” Black’s Law Dictionary 1135 (7th ed. 1999). A copy of Rule 47, as amended by the Committee at its September meeting, is
attached along with a copy of N.D.R.Crim.P. 24.