Florida Statute 40.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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40.41 Petit jurors; length of service.—The length of the term of service for a petit juror shall not exceed 1 day unless the juror is assigned to or impaneled on a trial that is not completed in 1 day or unless the court orders otherwise. Petit jurors awaiting assignment to a trial must be discharged as early as possible after it has been determined that their services will not be needed.

History.—s. 6, ch. 21973, 1943; s. 3, ch. 92-297.

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Amendments to 40.41

Annotations, Discussions, Cases:

Cases Citing Statute 40.41

Total Results: 4 | Sort by: Relevance | Newest First

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Matera v. State, 218 So. 2d 180 (Fla. 3d DCA 1969).

Cited 22 times | Published | Florida 3rd District Court of Appeal

...The appellants' premise was that the two jurors in question were held over at the expiration of their seven day term as veniremen, and ultimately sworn in *183 as members of the trial jury nine days after they had been called as prospective jurors. The procedure for holding over prospective jurors is set forth in § 40.41 Fla....

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State v. May, 332 So. 2d 146 (Fla. 3d DCA 1976).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...ir dire examination) are asked the jurors. It is admitted that the trial jury was sworn and voir dire examination began on the last day. The trial in the case sub judice commenced on September 27, 1971." The order of discharge is affirmed. NOTES [1] Section 40.41 Fla....

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McMullen v. Ramsey Stock Farms, Inc., 272 So. 2d 844 (Fla. Dist. Ct. App. 1973).

Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7440

discussed in 34 Fla.Jur., Waters and Watercourses, § 40-41, and in essence found that the ditching and diking

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Hoffman v. Wainwright, 484 F. Supp. 355 (M.D. Fla. 1979).

Published | District Court, M.D. Florida | 1979 U.S. Dist. LEXIS 7936

...eories to the state court to satisfy the exhaustion requirement: “It is true that the petitioners challenged the selection of the jury venire in the Florida courts, (citations omitted). That challenge was based on state law, however. See Fla.Stat. § 40.41....

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