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Florida Statute 40.41 - Full Text and Legal Analysis Florida Statute 40.41 | Lawyer Caselaw & Research
Fla. Stat. § 40.41 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 40.41

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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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AffirmedLyons (1981)
phrase: "affirmed in"
Cited as authorityMancebo (1977)
phrase: "rule_authority"
Cited as authority(citing case) (1977)
phrase: "rule_authority"
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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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Cited as authorityStuart (1978)
phrase: "rule_authority"
Cert. deniedJoseph (1985)
phrase: "cert. denied"
Cert. deniedMoore (1979)
phrase: "cert. denied"
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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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Cert. deniedMcMullen (1973)
phrase: "certiorari denied"
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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....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.