Colorado Revised Statutes

Colo. Rev. Stat. § 13-71-139 (2026)

Challenge of juror pool

✓ current as of July 2026

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(1) Any party to a civil or criminal action may challenge by written motion the composition of the juror pool for substantial failure to comply with the requirements of this article. The written motion shall be filed prior to the swearing in of the jury selected to try the case and shall be accompanied by one or more affidavits specifying the supporting facts and demographic data. If the court finds that the affidavit or affidavits, if true, demonstrate such a substantial failure, the moving party shall be entitled to present testimony by any person responsible for the implementation of this article, any records used in the selection and summoning of jurors, and any other relevant evidence. If the court determines, by a preponderance of the evidence, that in selecting the jury there has been a substantial failure to comply with this article, the court shall discharge the jury panel and stay proceedings pending the summoning of a new juror pool.

(2) The procedures described in this section shall be the exclusive means by which a party may challenge a jury on the ground that the juror pool was not selected in conformity with this article.

Source: L. 89: Entire article R&RE, p. 773, § 1, effective January 1, 1990. L. 90: (1) amended, p. 983, § 2, effective April 24.

Notes of Decisions

Cited in 3 cases, 1993–2009 · leading case: People v. Mendoza, 876 P.2d 98 (Colo. Ct. App. 1994).

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People v. Mendoza, 876 P.2d 98 (Colo. Ct. App. 1994). · cites it 2× “The prosecution’s reliance on § 13-71-139, C.R.S. (1993 Cum.Supp.) and People v.”

People v. Brown, 218 P.3d 733 (Colo. Ct. App. 2009). · cites it 2× “See § 13-71-139(1) & (2), C.R.S.2008 (requiring written motion and affidavit "specifying the supporting facts and demographic data," as "the exclusive means by which a party may challenge a jury on the ground that the juror pool was not selected in conformity with this article").”

People v. Mendoza, 860 P.2d 1370 (Colo. Ct. App. 1993). · cites it 2× “The prosecution’s reliance on § 13-71-139, C.R.S. (1992 Cum.Supp.) and People v.”

— Colo. Rev. Stat. § 13-71-139(1) — 1 case

People v. Brown, 218 P.3d 733 (Colo. Ct. App. 2009). “See § 13-71-139(1) & (2), C.R.S.2008 (requiring written motion and affidavit "specifying the supporting facts and demographic data," as "the exclusive means by which a party may challenge a jury on the ground that the juror pool was not selected in conformity with this article").”

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