Florida Statutes

Fla. Stat. § 40.41 (2025)

Petit jurors; length of service.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 3 cases, 1969–1979 · leading case: Matera v. State, 218 So. 2d 180 (Fla. 3d DCA 1969).

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Matera v. State, 218 So. 2d 180 (Fla. 3d DCA 1969). · cites it 2× “The procedure for holding over prospective jurors is set forth in § 40.41 Fla. Stat., F.S.A., which states: "Petit jurors shall serve for one week only, unless the circumstances in the opinion of the judge, requires such jurors to serve for a longer time.”

State v. May, 332 So. 2d 146 (Fla. 3d DCA 1976). “NOTES [1] Section 40.41 Fla. Stat., F.S.A. provides: "Petit jurors shall serve for one week only, unless the circumstances, in the opinion of the judge, require such jurors to serve for a longer time.”

Hoffman v. Wainwright, 484 F. Supp. 355 (M.D. Fla. 1979). · cites it 2× “See Fla.Stat. § 40.41. In the petition before us they asserted that the venire was constituted unconstitutionally.”

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