Idaho Code
Idaho Code

Idaho Code § 19-2006 (2026)

Challenge to panel — When and how taken. 

✓ current as of May 2026
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Challenge to panel — When and how taken. 

A challenge to the panel must be taken before a juror is sworn, and must be in writing, and must plainly and distinctly state the facts constituting the ground of challenge.

Notes of Decisions
Cited in 6 cases, 1949–1996 · leading case: State v. Mitchell, 660 P.2d 1336 (Idaho 1983).
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State v. Mitchell, 660 P.2d 1336 (Idaho 1983). · cites it 4× “— A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one (1) or more of the jurors drawn." "19-2006. CHALLENGE…”
State v. Wozniak, 486 P.2d 1025 (Idaho 1971). · cites it 2× “The application was not made in writing and it was not verified by an affidavit of the defendant, a copy of which should have been served upon the prosecuting attorney at least one day before the application was made. The challenge to the panel was made after the jury had been…”
State v. Ruybal, 643 P.2d 835 (Idaho Ct. App. 1982). · cites it 2× “See also I.C. § 19-2006; State v. Wozniak, 94 Idaho 312 , 486 P.”
State v. Hansen, 904 P.2d 945 (Idaho Ct. App. 1995). · cites it 2× “Although the Idaho appellate courts have not specifically ruled on the state’s assertion, we note that the general rule in Idaho is that, “a challenge to the panel must be taken before a juror is sworn, and must be in writing, and must plainly and distinctly state the facts…”
State v. Shaw., 207 P.2d 540 (Idaho 1949). · cites it 2× “” And section 19-2006, I.C., provides: [Sec. 19-2006] “Challenge to panel— When and how taken.”
Higuera v. Hiestand, 918 P.2d 284 (Idaho 1996). · cites it 2× “We have held that the failure by a criminal defendant to exhaust statutory means available to exclude unacceptable jurors constitutes a waiver of right to challenge the jury panel under I.C. § 19-2006. E.g. State *703 v. Mitchell, 104 Idaho 493 , 660 P.”
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